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PEMENUHAN HAK PEKERJA TETAP PT. PROPERTRUST INDONESIA Nexie Nurafifah; Mardalena Hanifah; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The employment relationship between workers and employers is based on a work agreement, for a work agreement to be realized properly, the rights andobligations that have been agreed upon must be fulfilled by the parties to theagreement. In PT Propertrust Indonesia, which is a company engaged in theproperty sector, which has five permanent workers, but none of the five permanentworkers have fulfilled their rights in accordance with the company's workagreement that has been determined. The formulation of the problem in this thesisis how to analyze the implementation of the fulfillment of the rights of permanentworkers based on the employment agreement of PT. Propertrust Indonesia andwhat are the factors inhibiting permanent workers of PT. Propertrust Indonesiain obtaining their rights.This type of research is a sociological research because with this researchthe author directly conducts research on the location or place under study in orderto provide a complete and clear picture, while the population and sample areHuman Resources Development (HRD) PT. Propertrust Indonesia and permanentemployees of PT. Indonesian property trusts. The purpose of this study was todetermine the implementation of the fulfillment of rights based on the workagreement of PT. Propertrust Indonesia and the barriers to permanent workers ofPT. Propertrust Indonesia in obtaining its rights.The result of this research is the implementation of the fulfillment of therights of permanent workers based on the work agreement of PT. PropertrustIndonesia has not been fulfilled, as evidenced by the absence of a single permanentemployee of PT. Propertust Indonesia whose rights are fulfilled in the form of fees.This is not in line with the work agreement of PT. Propertrust Indonesia which hasbeen agreed by the company with permanent workers with the number:001/PT/PKWTT/V/2019, as well as the inhibiting factors for permanent workersin obtaining their rights from companies and permanent workers. Suggestion fromthe author for the parties involved in labor relations must understand and carryout their rights and obligations correctly to create a fair working relationship forthe parties, and it is hoped that those in the company who have the highestauthority can lead companies with good managerial skills, employers or thegovernment must provide job training and guarantees for the continuity ofpermanent workers and if problems arise in labor relations, they must be resolvedfairly

TINJAUAN YURIDIS PENETAPAN NOMOR 29/PDT.P/2019 PN GIANYAR TERHADAP UNDANG-UNDANG NOMOR 16 TAHUN 2019 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DAN PUTUSAN MAHKAMAH AGUNG REG NOMOR 1400K/PDT/1986 Sugi Kurnia Pakpahan; Mardalena Hanifah; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Interfaith marriage is a marriage bond between a man and a woman who embracedifferent religions and beliefs while maintaining their respective beliefs. The phenomenon ofinterfaith marriage is not new in Indonesia. Previously, there were rows of Indonesianwomen who married non-Muslim men. A well-known case is the marriage of Andy VonnyGani P, a Muslim couple. The purpose of this writing: First, to find out the arrangements formarriage according to Law Number 1 of 1974 concerning marriage. Second, to find out theregulation of interfaith marriage according to law in Indonesia in relation to the SupremeCourt Decision Number 1400k/pdt/1986 (Case Study of Determination Number 20/pdt.p/2019PN Gianyar)The type of research in this paper is normative legal research. Normative legalresearch is legal research conducted by examining legal literature or secondary data. Thisresearch focuses on research on legal systematics. Research on legal systematics can becarried out on certain laws or recorded laws.From the results of the research, there are two main things that can be concluded.First, the provisions for marriage of different religions are not regulated in the MarriageLaw, Article 2 Paragraph (1) of the Marriage Law is a "blanconorm" or empty rule, so thatthe Civil Code only states that the Law The law views marriage from the point of view of itsrelationship with civil law only. This means that regulations according to religious law arenot important as long as they are not regulated in Civil Law so that interfaith marriages arenot prohibited. Second, marriages of different religions are not specifically regulated, so theSupreme Court Decision Number 1400K/PDT/1986 can be justified because of a legalvacuum, then social realities and needs as above are left legally unresolved, becauseallowing the problem to drag on will definitely lead to negative impacts in terms of social andreligious life in the form of smuggling of social and religious values. Determination ofNumber 29/PDT.P/2019 PN Gianyar which legalizes this interfaith marriage. Because, inorder to avoid unpleasant actions.Keywords: Juridical Review, Marriage, Different Religions

PELAKSANAAN KONTRAK HARGA SATUAN PADA PAKET PERKERJAAN KONSTRUKSI PEMBANGUNAN PENGAMANAN PANTAI PULAU TERLUAR PROVINSI RIAU ANTARA PT.ALEX PUTRA SAKTI DENGAN PEJABAT PEMBUAT KOMITMEN SUNGAI DAN PANTAI DI DESA CENTAI KECAMATAN PULAU MERBAU KABUPATEN KEPULAUANMERANTI Ananda Fernando Putra; Mardalena Hanifah; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Currently, in the implementation of goods and services procurement work, including constructionservices, the total costs of which are borne by the State Budget (APBN) and the RegionalExpenditure Budget (APBD), must comply with statutory provisions. To carry out development, thegovernment needs other parties, after that the government takes the option of conducting a selectionin the form of an auction. After obtaining the winning bidder, the Government will draw up aConstruction Work Contract. In the implementation of the Construction Work Contract between theCommitment Making Officer (PPK) and PT Alex Putra Sakti in the construction of Coastal Securityfor the Outermost Islands of Riau Province in Centai Village, Merbau Island District, MerantiRegency, the implementation procedure must comply with applicable regulations. Therefore, thepurpose of this study was to find out the implementation of unit price contracts in the constructionwork package for the construction of coastal safeguards in the outermost islands of Riau Provincebetween PPK PT Alex Putra Sakti and officials making river and beach commitments in CentaiVillage, Merbau Island District, Meranti Regency.The type of research in this paper is sociological legal research, namely research conducted byidentifying and how effective it is in society or reviewing the state of the problem associated withthe applicable legal aspects and judging from its descriptive nature, namely describing the process.From the results of the research, there are two main things: First, that the Procedure forImplementation of the Construction Contract for the construction of beach security in the MerantiVillage of Centai Regency is running in accordance with the agreed work contract and inaccordance with the Law of the Republic of Indonesia Number 18 of 1999 concerning servicesconstruction. Second, in the process of carrying out the completion of the work there were obstaclesexperienced by the contractor, namely the implementation exceeded the time limit for 14 days sothat the ppk was required to make compensation for a delay of 1/1000 of the contract value that hadbeen agreed upon, this delay was due to high tide or volume from rising sea water o that theconstruction work of protecting the coast experienced delays in its implementation covid19.Keywords: Implementation of development construction work contract

TANGGUNG JAWAB MENARA STAR TOUR DAN TRAVEL TERHADAP PENGEMBALIAN DANA PENUMPANG PESAWAT YANG BATAL BERANGKAT KARENA PANDEMI COVID-19 Agnes Bella Bonika; Hayatul Ismi; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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One of the public transportation sectors affected by the COVID-19pandemic is air transportation. Many cities or countries have imposed a lockdownor social distancing system in their area, resulting in almost all flights beingcancelled. This is what causes many prospective passengers to cancel theirdeparture, and there are reports that there have been no refunds or delays inrefunding airplane tickets by airline ticket agents to their customers. Of course,this phenomenon causes the rights of passengers as consumers to not be fulfilled.The purpose of this thesis research is to examine, first, the responsibility of travelagents for canceling passenger plane tickets during the COVID-19 pandemic.Second, the obstacles and efforts of travel agents in carrying out theirresponsibilitiesThis type of research can be classified as sociological-juridical research.With a research location at the Travel Agent Office, Menara Star Tour & Travelis on Jalan Wahid Hasim, Pekanbaru. While the population and sample areparties related to the problem under study. This study used primary andsecondary data sources, and data collection techniques were carried out throughinterviews and a literature review.The results of the research conducted by the author are: First, when aplane ticket cancellation has been made, the Star Tour and Travel Tower will beresponsible for all refunds for plane tickets that have been traded to consumers.There are at least 10 (ten) people who have received flight ticket refunds in theform of cash returns of 100% of the plane ticket price. The airline providesresponsibility by returning 100% of the ticket price value in the form of a voucherand also applying normal regulatory refunds in cash, but with a stated time limit.Second, the obstacles experienced by Menara Star Tour and Travel in returningairplane tickets are due to several factors, namely airline policies, Income thatmust be returned, time required, and the system used. To overcome theseobstacles, Menara Star Tour and Travel has several solutions, such as ensuringthat the refund process is carried out quickly and accurately; providing clear andopen communication to consumers; solving the problem as soon as possible; andproviding responsive customer service.Keywords: Responsibility - Refund - Airline Passengers

KEABSAHAN HAK JAMINAN ATAS RUMAH PADA PERJANJIAN KREDIT YANG DIKUASAI OLEH SUAMI TANPA PERSETUJUAN ISTRI Lucy Ayuditya Indah Utama; Firdaus Firdaus; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Marriage in Islam is also called marriage, is a relationship of a sacred bondbetween a man and a woman, which means worship to Allah, to follow the sunnah of theapostle and is carried out on responsibility, sincerity and following the provisions of thelaw which is a close relationship. between a man and a woman who have fulfilled theconditions of marriage. The purpose of marriage according to Law Number 1 of 1974concerning marriage is that marriage aims to form a happy and eternal family based onBelief in the One and Only God, besides that the institution of marriage also aims toform male and female humans in a household life, live life together, ensuring themaintenance of human resources. One of the legal consequences of marriage is not onlydirected at the husband and wife, but also regarding the assets owned by the husbandand wife. Indonesian marriage law stipulates that assets acquired during the marriageperiod are referred to as joint assets.The purpose of this study was to determine the legitimacy of the house asjoint property between husband and wife controlled unilaterally by the husband and todetermine the distribution of shared assets equally between husband and wife. This typeof research uses the sociological method. The research location is the PekanbaruReligious Court. The data collection technique is to use primary data as the mainmaterial obtained directly in the field, namely interviews, but also supported bysecondary data, namely library materials.The results of the research on the validity of the guarantee rights over thehouse in the credit agreement that is controlled by the husband without the wife'sconsent is that there are 10 cases filed by the wife related to joint property. The reasonfor a wife to file a joint property lawsuit is because the joint property was obtained whenthey entered into a marriage and felt entitled and obliged to share the property fairly.One of the cases raised was case No. 123/Pdt.G/2019/PA.Pbr, in which case a wifemade an effort to distribute joint assets to be divided fairly, namely a plot of landcovering an area of 660M2 and building 1 unit of a 2-storey house. This effort was madeon the basis of the defendant's concern that they would lose, embezzle or transfer thejoint property.JOM Fakultas HukumUniversitas Riau Volume X Edisi 2 Juli-Desember 2023 Page 1Keywords:Joint Property-Divorce-Guarantee-Crediy

PELAKSANAAN TANGGUNG JAWAB SOSIAL PT. RIGUNAS AGRI UTAMA DALAM RANGKA PENINGKATAN MUTU PENDIDIKAN MASYARAKAT DI KECAMATAN PERANAP KABUPATEN INDRAGIRI HULU Nadia Fadhilah Zendrato; Firdaus Firdaus; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 1 (2022): Januari - Juni 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The implementation of corporate social responsibility is an obligation that must be carriedout by a company in carrying out its corporate activities. This is explicitly regulated in Article 47 ofLaw Number 40 of 2007 concerning Limited Liability Companies. This obligation is alsoreaffirmed geographically in the Regional Regulation of Riau Province Number 6 of 2012concerning Corporate Social Responsibility in Riau Province. PT Rigunas Agri Utama is acompany engaged in the plantation and processing of palm oil refineries. Located in Peranap sub-district, Indragiri Hulu Regency, PT Rigunas Agri Utama has been running CSR programs in theeducation sector through schools in the surrounding area. As for the legal issues are about variouskinds of CSR implementation efforts and the obstacles that often occur. The essence of theimplementation of CSR is not only in the presence or absence of CSR, but the continuity of theimplementation of CSR which continues to be carried out, especially in the field of education inorder to increase the nation's intelligence and improve the existence of the company. Therefore,this research departed on the basis of a desire to oversee every CSR implementation in theeducation sector by PT Rigunas Agri Utama. This is done, so that the CSR program is not carriedout as a mere formality without any improvement in the quality of the education sector. Especiallyin several schools in the surrounding area that still need assistance from the CSR program.This research is a sociological juridical legal research, namely a research approach thatemphasizes the legal aspects (laws and regulations) regarding the subject matter to be discussed,associated with the reality in the field. This study uses primary data sources consisting of primary,secondary, and tertiary legal materials.From the results of the research and discussion conducted, there are several conclusionsobtained, namely: First, the existence of CSR as a mandatory program for companies in the form ofPT Rigunas Agri Utama in Peranap sub-district has not been implemented properly. Weak intensityand continuity of CSR program implementation tend not to be implemented even temporarily. Thenormativity of CSR which should be used as a basic guideline that departs from the values of legalcompliance should make CSR a superior program that must be carried out regularly. Theimplementation of CSR in the field of education is also an embodiment of the company's role insupporting intelligence for the community as a state goal. Second, there are several obstacles inimplementing the CSR program, such as the COVID-19 pandemic and the lack of coordinationbetween the school and the PT Rigunas Agri Utama Company. Therefore, it is necessary to plan,implement and supervise the implementation of CSR well. Improved coordination is also neededfor the smooth distribution of CSR assistance such as infrastructure improvements, procurement ofsocial/volunteer activities, and also the provision of scholarships for outstanding andunderprivileged students.Keywords: CSR - Education – Legal Corporate

PERLINDUNGAN HUKUM TERHADAP KONSUMEN DALAM TRANSAKSI JUAL-BELI MELALUI E-COMMERCE Setia Putra
Jurnal Ilmu Hukum Vol 5, No 2 (2014)
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/jih.v4i2.2794

E-commerce merupakan bentukperdagangan yang mempunyaikarakteristik tersendiri yaituperdagangan yang melintasi batasnegara, tidak bertemunya penjual danpembeli, dengan menggunakan mediainternet. Lahirnya Undang-undangNomor 11 tahun 2008 tentangInformasi dan Transaksi Elektronik(UU ITE) sepertinya menjadi solusiuntuk memberikan perlindungan bagikonsumen. Dalam UU ITE telahmengatur mengenai syarat sahnyasuatu transaksi e-commerce,mengatur mengenai hak dankewajiban, perbuatan yangdilarang,tanggungjawab, perlindunganhukum, upaya hukum danpenyelesaian sengketa dalam transaksie-commerce.Kata Kunci : E-commerce, tanggungjawab, Perlindungan dan penyelesaian

KEPATUHAN PARA PIHAK DALAM MENYELESAIKAN SENGKETA MELALUI ARBITRASE SESUAI DENGAN ISI PERJANJIAN (STUDI PERDATA PERJANJIAN JEMBATAN SELAT RENGIT DI KABUPATEN KEPULAUAN MERANTI) Firmansyah Firmansyah; Firdaus Firdaus; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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In a construction cooperation there are two parties who are mutually boundby the agreement. The agreement made by both parties is used as the basis andlegal umbrella in construction work. It contains rights and obligations,implementation procedures and settlement efforts if there is a dispute between thetwo parties. The parties to an agreement are usually based on a specific purposeor purpose. The agreement has the goal of creating better conditions for bothparties. However, an agreement can also be violated to the detriment of the otherparty or the term is default. Therefore, this study aims, First, to explain thereasons related to the occurrence of defaults, especially regarding efforts toresolve them. Second, to determine the level of compliance of the partiesregarding efforts to settle defaults in accordance with the contents of theagreement.This type of research can be classified in the type of normative research.This research was conducted to determine the level of compliance of the parties,especially related to the contents of the agreement. This agreement forms thebasis for implementing the Rengit Strait Bridge Construction project in MerantiIslands Regency, Riau Province.From the results of the research problem there are two main things thatcan be concluded. First, the plaintiff's reasons, in this case the Meranti IslandsDistrict Government, filed a civil lawsuit for default to the District Court.Whereas in the contract clause it is explained regarding efforts to resolve disputesthrough arbitration. Second, the compliance of the parties in resolving disputesthat are not in accordance with the contents of the agreement that has been madebefore. The author's suggestions, first, to make efforts to resolve if a disputeoccurs such as default should be made based on the contents of the agreement.Second, to comply with each of the contents of the agreement must be based onthe self of each party, considering that the agreement is law for both parties,especially when it comes to efforts to resolve disputes arising from the agreement.

PERLINDUNGAN HUKUM BAGI TENAGA KEPERAWATAN DI MASA PEMBERLAKUAN PEMBATASAN KEGIATAN MASYARAKAT (PPKM) PADA MASA COVID-19 TERHADAP UPAH LEMBUR YANG DIKONVERSIKAN HARI LIBUR DI RUMAH SAKIT DAERAH MADANI PEKANBARU Febiola Utami Putri; Rika Lestari; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The density of nurses' working hours during the COVID-19 period, especiallyduring the implementation of PPKM at Madani Hospital, should be clear about theamount of overtime pay for workers in accordance with Law of the Republic of IndonesiaNumber 13 of 2003 concerning Manpower and the Decree of the Minister of Manpowerand Transmigration of the Republic of Indonesia Number KEP.102 /MEN/VI/2004concerning Overtime and Overtime Pay. This thesis research aims to: find out theImplementation of the Fulfillment of Overtime Pay Rights for Nursing Workers during thePPKM Period during the Covid-19 Period at Madani Pekanbaru Hospital and know theLegal Protection for Nursing Workers during the PPKM Period during the Covid-19Period Against Overtime Pay Converted to Holidays at the Madani Pekanbaru Hospital.The type of research used by the author is sociological legal research, because inthis research the author directly conducts research at the location or place under study inorder to provide a complete and clear picture of the problem under study. This researchwas conducted at the Pekanbaru Madani Regional Hospital.The results of the analysis in the study found that: The provision of holidays as aform of "overtime pay" was never included in the work contract agreed upon by theMadani Hospital and Nurses. Nevertheless, one of the nurses said that changing overtimepay into the form of holidays was a common thing to happen, even though there was nopolicy or agreement made beforehand. In fact, not a single nurse dared to oppose theunilateral and arbitrary policies implemented by RSD Madani against nurses. LegalProtection for Nursing Workers during the PPKM Period during the Covid-19 PeriodAgainst Overtime Pay Converted to Holidays at the Madani Pekanbaru Hospital from asocial perspective such as providing nutritious food and drinks, providing securityfacilities, providing health services, providing psychologists and fulfillment of PersonalProtective Equipment which are forms of protection provided by RSD to nurses workingduring the Covid-19 pandemic, especially during the PPKM period. However, there isone protection that is not fulfilled by RSD Madani, namely "wage protection" containedin Law Number 13 of 2003 concerning Manpower. As well as not fulfilling Article 36letter e of Law Number 38 of 2014 Concerning Nursing, which nurses must "Receivecompensation for nursing services that have been provided".Keywords: Legal Protection-Nurse-Overtime Pay

PELAKSANAAN PERJANJIAN OLEH PT. SANLING SAWIT SEJAHTERA PADA DESA RIMPIAN KECAMATAN LUBUK BATU JAYA KABUPATEN INDRAGIRI HULU Anggun Pratiwi; Mardalena Hanifah; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Agreements can be made in written or oral form, and it is not uncommon to findagreements made secretly. Oral agreements occur a lot in social life, oral agreementsare the realization of the principle of consensualism, which comes from the Latinconsensus. This means that in principle an agreement that arises has been born fromthe moment the agreement is reached. The formulation of the problem posed is how toimplement the agreement at PT. Sanling Sawit Prosperous Rimpian Village, Lubuk BatuJaya District, Indragiri Hulu Regency and how the efforts in implementing the PTagreement. Prosperous Sanling Sawit in Rimpian Village, Lubuk Batu Jaya District,Indragiri Hulu Regency.The type of legal research is sociological, which in this research is carried out bygoing directly to the field to collect primary data through interviews with the partiesinvolved in this case, namely Area Supervisor, HRD PT. Sanling Sawit Sejahtera, Headof SPSI, Employee of PT. Prosperous Sawit Sanling, Member of BPD, Head of RT,Community. This research uses a descriptive method. The nature of this research isdescriptive.The result of this research is the implementation of the agreement between PT.Sanling Sawit Sejahtera with the Rintian Village community showed that the agreedagreement was not implemented because the company had defaulted where thecompany should have repaired and maintained the road by providing funds inaccordance with the agreement in the agreement Number: 001/SSS/KT-KA II/VII/2022. Legal efforts in implementing the PT agreement. Sanling SawitSejahtera in Rintian Village, which has been carried out by the community, in the formof initial legal remedies such as demonstrations by placing banners along the roadcontaining rebellion and disappointment from the community. With the damage to roadsand bridges, the community rebelled in the form of demonstrations and the installationof banners along the roads containing anger and disappointment.Keywords: Agreement, Company, Responsibility

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