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Penyuluhan hukum terkait partisipasi masyarakat dalam proses pembentukan peraturan desa di Desa Koto Masjid Kecamatan XIII Koto Kampar Kabupaten Kampar Dessy Artina; Mexsasai Indra; Emilda Firdaus; Gusliana HB; Zulwisman Zulwisman; Muhammad A Rauf; Zainul Akmal
Unri Conference Series: Community Engagement Vol 1 (2019): Seminar Nasional Pemberdayaan Masyarakat
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31258/unricsce.1.590-597

After the enactment of Law Number 6 of 2014 concerning Villages on 15 January 2014, the Republic of Indonesia now has laws specifically regulating the administration of village governance. A very important part is the arrangement of village regulations. Village regulations are set by the village head after obtaining approval with the Village Consultative Body. In the process of establishing village regulations, community participation is needed, so that the output of village regulations can fulfil aspects of local community needs that are conveyed through the Village Consultative Body. The aspirations of the local community in the form of input and contribution ideas are more effective, because community complaints and opinions are taken into consideration in decision making. Related to this matter, the formulation of the problem in this study is how is community participation in the process of establishing Village Regulations in Koto Masjid Village, District XIII, Koto Kampar, Kampar Regency? There are still very many village organizers (Village Heads and Village Consultative Bodies) and village communities who do not yet have the knowledge and expertise in the field of legislation. This has the potential to affect the success of the implementation of the Law on Villages, and even does not rule out the possibility of creating legal chaos, among others, the occurrence of conflicts and overlapping laws and regulations. So that in the future knowledge of the establishment of legislation is needed which is able to encourage people to participate in the formation of village regulations, realize Village Regulations that are aspirational, responsive, obedient, harmonious and harmonious vertically and horizontally in the framework of developing national legal systems based on The 1945 Constitution of the Republic of Indonesia, and produced a Draft Law and Regulations that could be accounted for philosophically, juridically and sociologically. Knowledge can be obtained through legal counselling, especially legal counselling related to community participation in the process of establishing village regulations in Koto Masjid Village, District XIII Koto Kampar, Kampar District.

IMPLEMENTASI IZIN MENDIRIKAN BANGUNAN DI KABUPATEN KAMPAR BERDASARKAN PERATURAN DAERAH KABUPATEN KAMPAR NOMOR 4 TAHUN 2014 TENTANG BANGUNAN GEDUNG Riyad Fauzura; Mexsasai Indra; Zainul Akmal
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 9, No 2 (2022): Juli - Desember 2022
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The Kampar Regency Government issued Kampar Regency RegionalRegulation Number 4 of 2014 concerning Buildings to regulate building permits,precisely in Article 16 paragraph 1 letter (a) which states that every person orlegal entity including government agencies must submit an IMB application to theRegent to carry out building construction activities and/or building infrastructure.However, after the enactment of the regional regulation, there are still manyviolations that occur in the implementation of buildings in Kampar Regency, atotal of 156 buildings that were put in order by Satpol PP as of 2019-2021. Thepurpose of this thesis research is first, to determine the implementation of buildingpermits in Kampar Regency based on Kampar Regency Regional RegulationNumber 4 of 2014 concerning Building Buildings. Second, to find out theinhibiting factors in the implementation of the Building Permit rules in KamparRegency. Third, to find out the efforts in overcoming obstacles in theimplementation of building permit rules in Kampar Regency.From the results of the study, it was concluded that, first, theimplementation of building permits in Kampar Regency based on KamparRegency Regional Regulation Number 4 of 2014 concerning Buildings has notgone well. Second, the inhibiting factors in the implementation of the BuildingPermit rules in Kampar Regency are the area, budget and socialization,coordination between Satpol PP and related agencies, the role of the community,and community legal awareness. Third, efforts to overcome obstacles in theimplementation of the Building Permit rules in Kampar Regency, namely satpolPP providing education to the community and inviting the community to play anactive role in reporting on buildings that do not have a permit, the need to reportwith the Kampar Regency DPRD regarding budget problems, forming a judicialteam which is a combination of all related agencies led by Kasat Satpol PP.DPMPTSP in the future will educate the public so that the community can betterparticipate in supervising the implementation of buildings. Then the DPRD willapproach and socialize the Regional Regulation to the community from theDistrict level to the Village level and call relevant parties to record how theimplementation of the Regional Regulation and tighten up how to follow up on theproblem.Keywords: Implementation, Regional Regulation, Building Permit.

IMPLEMENTASI PERATURAN DAERAH KOTA DUMAI NOMOR 5 TAHUN 2020 TENTANG PERUBAHAN ATAS PERATURAN DAERAH KOTA DUMAI NOMOR 4 TAHUN 2012 TENTANG PAJAK SARANG BURUNG WALET Khansen Pranata Wirantober; Emilda Firdaus; Zainul Akmal
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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Regional Original Revenue or commonly called PAD is one type of regional incomeor revenue which is greatly influenced by how a region maximizes its potential andresources. The greater the contribution of PAD revenue to the APBD, the higher the level ofindependence of the region and the smaller the level of regional dependence on the centerand also shows the better a region is in managing the potential and resources they have. Oneof the revenues in PAD is Regional Taxes. The central government gives great authority tothe Province to manage and collect seven types of taxes. Then for the Regency / City is giventhe authority to manage and collect nine types of taxes. One type of revenue in PAD in theRegency / City is the Swallow's Nest Tax. Swallow's Nest Tax is a tax on the collection and/orexploitation of Swallow's Nest.Given the relatively high price of swallow's nest, many people in Indonesia conductswallow cultivation by building houses or multi-storey buildings to serve as swallow habitatsto live and breed. One of the regencies/cities where many people cultivate swiftlets is DumaiCity, located in Riau Province. So that the Dumai City Government issued Dumai CityRegional Regulation Number 5 of 2020 concerning Amendments to Dumai City RegionalRegulation Number 4 of 2012 concerning Swallow Nest Tax as a judicial basis for itsimplementation. This is considered important so that the revenue of Swallow Nest Tax inDumai City can be carried out properly and maximally.Based on the results of temporary observations, the implementation of the regulationhas not gone as expected. This is based on the fact that many swallow entrepreneurs are notwell informed about this local regulation. This is further supported by data from BAPENDADumai City, namely that of the nine types of local taxes that are a source of income forDumai City, there are three taxes whose realization percentage has not reached one hundredpercent in 2021, one of which is the Swallow Nest Tax which has the lowest percentage,namely 79.12%. Then from the target and realization data specifically on swallow's nest taxin Dumai City. In 2020 and 2021 the amount of swallow's nest tax realization is still far fromthe target.Based on the description of the problems described above, the authors would like tofurther examine the implementation of the Regional Regulation on Swallow Nest Tax. Inorder to see how the implementation of the regulation, including the factors that influence theobstruction of the implementation of the regulation and what efforts can be made toanticipate the inhibiting factors of the regulation.Keywords: Swallow's nest tax, local regulations, taxpayers, Bapenda, implementation.

ANALISIS YURIDIS PENGGUNAAN ALAT GLOBAL POSITIONING SYSTEM (GPS) OLEH PENGEMUDI KENDARAAN MENURUT UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN Haffid Lufthi; Dessy Artina; Zainul Akmal
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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Global Positioning System (GPS) is a system that functions to make it easier for adriver to obtain information about his position and can perform Route Tracking and find anaddress so that it is useful for fuel and travel time destinations. The problem regarding theGlobal Positioning System (GPS) stems from the Traffic and Road Transportation Law,which drives vehicles with full concentration as stipulated in Article 106 of the Road Trafficand Transportation Law (LLAJ). This is where this article implies that the use of the GlobalPositioning System (GPS) when driving can cause accidents, so that when viewed fromArticle 106 paragraph 1 of the Traffic Law there is a lack of clarity in the rules.The conclusions that can be obtained from the results of the research are: First, theinterpretation of the law regarding "doing other activities or something that results inimpaired concentration while driving in Article 283 of Law Number 22 of 2009 with the 1945Constitution as long as it is not interpreted. satellite which is usually called the GlobalPositioning System (GPS) contained in a smartphone (smartphone) is unreasonableaccording to law and the article is still considered relevant. Second, the ideal arrangement inguaranteeing legal certainty for the use of the Global Positioning System (GPS) device is thatthe norm cannot access a complete understanding of the norms contained in Article 106paragraph (1) of Law Number 22 of 2009. This norm contains the norms of command whichobliges everyone to drive their vehicle fairly and with full concentration. In the context ofcreating and passing safety against violations of the norms in question, it is necessary to givethe threat of sanctions whose formulation is placed at the end before closing.This type of research can be classified in the type of normative legal research,which discloses laws and regulations relating to legal theories that are the object ofresearch. The approach taken is using a qualitative analysis approach by searching for datain books, journals and other scientific works related to this research. The data sources usedare primary and secondary legal materials.Keywords: GPS, Traffic, Transportation, Road Transportation.

PELAKSANAAN PENYELENGGARAAN PERIZINAN BERUSAHA DI KABUPATEN INDRAGIRI HILIR BERDASARKAN PERATURAN DAERAH KABUPATEN INDRAGIRI HILIR NOMOR 7 TAHUN 2017 TENTANG PENYELENGGARAAN PELAYANAN TERPADU SATU PINTU Sulaiha Sulaiha; Gusliana HB; Zainul Akmal
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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Licensing in Indragiri Hilir is fully implemented Online Single Submission(OSS) and licensing in Indragiri Hilir is fully implemented Online SingleSubmission (OSS) as well as conducted based Online Single Submission RiskBased Approach (OSS-RBA) in accordance with Government Regulation Number5 of 2021 concerning Implementation of Risk-Based Business Licensing. OSS RBAis a business license granted to business actors to start and run their businessactivities which are assessed based on the risk level of a business. In TembilahanCity there are several obstacles in the implementation of based licensing OnlineSingle Submission (OSS) as in terms of services and infrastructure.The purpose of this research is to find out the implementation of businesslicensing in Indragiri Hilir Regency, Obstacles in the implementation of businesslicensing and to find out the efforts made by the investment service and one-doorintegrated services in improving business licensing services in Indragiri HilirRegency. This type of research is research using legal research methods using asociological juridical approach in which the author tries to collect data andinterview writing sources which are divided into primary, secondary and tertiarydata.The implementation of risk-based business licensing in Indragiri HilirRegency is fully implemented based on Government Regulation Number 5 of 2021concerning the implementation of risk-based business licensing, in theimplementation of licensing there are several obstacles such as the unavailabilityof online signatures, there are still many permit applicants who do not understandhow to register online so choose to register offline and come directly to theinvestment service and one-stop integrated services. Facilities and infrastructurethat are still not in accordance with applicable laws and knowledge and ability toaccess OSS RBA are still at different levels. To overcome this problem, theinvestment service and one-stop integrated services have made innovations calledJAPRI and SIMPATI which are hoped with this system can facilitate the businesslicensing process in Indragiri Hilir district. Suggestions for socialization tobusiness actors regarding government regulation number 5 of 2021 andprocedures for registering permits online with SIMPATI.Keywords: Licensing, Public Service, OSS.

EKSISTENSI KOMISI KEJAKSAAN REPUBLIK INDONESIA DALAM RANGKA MEWUJUDKAN PENEGAKAN HUKUM YANG BAIK DI INDONESIA Sultan Fadillah Effendi; Dodi Haryono; Zainul Akmal
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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In the Indonesian constitutional system, the Prosecutor's Office of the Republic ofIndonesia is one of the institutions that contribute to law enforcement. To improve the qualityand capability of prosecutors and prosecutorial employees, it is necessary to have aninstitution that supervises, monitors, and assesses the performance of prosecutors andprosecutors in carrying out their obligations, as stated in Article 38 of the Law on theProsecutor's Office of the Republic of Indonesia. On the basis of this, the Attorney General'sCommission of the Republic of Indonesia was formed as an additional institution thatspecifically carries out this function. The research objectives of this thesis are first, toanalyze the existence of the Prosecutor's Commission as a state auxiliary agency based onapplicable laws and regulations. Second, to analyze the ideal arrangement of theProsecutor's Commission as a state auxiliary agency in order to realize good lawenforcement in the future.This type of research can be classified into normative legal research with thetype of legal systematics and legal principles. This research uses data sources in the form ofsecondary data with literature study-based data collection techniques.From the results of the problem research there are two main things that canbe concluded. First, the existence of the Prosecutor's Commission as State Auxiliary Agenciesbased on applicable laws and regulations, namely as an additional state institution that isnon-structural independent and is in the executive realm. Institutionally, the Prosecutor'sCommission is relatively weak starting from the position, legal basis, duties and authoritiesand financial rights that are not yet independent. Second, the ideal arrangement for theProsecutor's Commission as a state auxikiary agency in order to realize good lawenforcement in the future is to clarify the position of the Prosecutor's Commission as anindependent institution, increase the legal basis at the level of the Law, simplify the task andauthority procedures and the independent financial rights of the Prosecutor's Commission.The author's suggestions are First, the legislator should revise Article 38 of the Prosecutor'sOffice Law and strengthen the position of the Prosecutor's Office Commission as anindependent institution with a regulation at the level of law. Second, it is recommended thatthere be an expansion of the authority of the Prosecutor's Commission in the form ofexecutorial power. Third, the addition of authority for monitoring within a certain period oftime. Fourth, there is authority over financial rights by the Prosecutor's Commissionindependently. Thus it will strengthen the existence of the Prosecutor's Commission inrealizing good law enforcement in the future.Keywords: Existence, Prosecutorial Commission and Law Enforcement.

PENATAAN LEMBAGA DALAM PENYELESAIAN SENGKETA HASIL PEMILIHAN KEPALA DESA BERDASARKAN PERATURAN PERUNDANG- UNDANGAN Indah Septipah; Zulfikar Jayakusuma; Zainul Akmal
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 1945 Constitution of the Republic of Indonesia emphasizes that theIndonesian state is a unitary state divided into provinces, districts or cities. Article 18Bparagraph (2) of the 1945 Constitution of the Republic of Indonesia recognizes customarylaw community units and their traditional rights as long as they still exist and are inaccordance with the principles of the Unitary State of the Republic of Indonesia. The basicidea of Article 18B paragraph (2) is to give respect and recognition to villages that havetraditional rights or in other terms origin rights. Village administration is led by the villagehead. The village head is directly elected by the people as a form of democracy or villagepeople's sovereignty. However, this election has potential problems, one of which is thedispute over the results of the village head election. Law Number 6 of 2014 concerningVillages stipulates that disputes over village head election results are resolved by theRegent/Mayor. This has the potential not to solve the problem because it is not in accordancewith the original village autonomy. The principle of recognizing the origins of villagecommunities which is accommodated as the principle of independence in the Village Law isnot fully implemented in the articles. As evidence, there is still intervention or interferencefrom the district/city government in resolving disputes over the results of the Village Headelection which should be submitted to the Village through deliberations.This type of research is normative legal research because it uses literaturestudies in searching for data. This research is descriptive in nature which provides detaileddata on the existing problems. This study uses qualitative data analysis, which meansexplaining and concluding regarding the settlement of disputes over the results of villagehead elections based on laws and regulations and the form of arrangement of village headelection organizers. This study uses secondary data or scientific data that has been codified.The results of this study explain that first, the granting of authority to regional heads in orderto resolve disputes over village head election results will raise new problems. Second, thevillage head election dispute resolution model that prioritizes deliberations according to theprinciple of genuine village autonomy must be implemented by the government if it fails toproceed with the alternative of appointing a neutral third party and the second alternativethrough a special court. Third, strengthening the position by including village head electionsas one of the electoral regimes in Indonesia. Fourth, there is a need for ad hoc institutionalrestructuring of village head election organizers by including district KPU and districtBawaslu as part of the organizers.Keywords: Village Head Election, Disputes, Village Head Election Institutions

IMPLEMENTASI PERATURAN DAERAH KOTA DUMAI NOMOR 3 TAHUN 2021 TENTANG PENGELOLAAN SAMPAH DI KOTA DUMAI Neri Anggela; Gusliana HB; Zainul Akmal
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 problem of waste in Dumai City is still a problem, the largepopulation, limited land use and high levels of consumtion have an impact on thecleanliness and beauty of the environment which results in accumulation of wastein various corners of the city. This solid waste problem continues to increase asthe population increases. The existence of the Dumai City Regional Number 3 of2021 concerning Waste Management is a form of Dumai City goverment’s effortto show its seriousness in managing rubbish.This study aims to determine the implementation of the Dumai CityRegional Regulation Number 3 of 2021 concerning Waste Management in theCity of Dumai, the inhibiting factors in the implementation of the Dumai CityRegional Regulation Number 3 of 2021 concerning Waste Management in theCity of Dumai and the effort to implement the Dumai City Regional RegulationNumber 3 of 2021 concerning Waste Management in the City of Dumai.This study uses the type of Sosiological Law research with an approach tofield research techniques, interviews and literature studies. This research wasconducted in Dumai City. The data sources used are primary data sources andsecondary data.The result of this study concluted that the implementation of Dumai CityRegional Regulation Number 3 of 2021 concerning Waste Management in DumaiCity applies a collection and transport system that only emphasizes finalprocessing. The lack of budget result in a shortage of cleaning workers andinadequate infrasturcture in waste management as well as low public awarenessof waste disposal in its place and a lack of firmness in applaying sansctiom.Keywords: Implementation, Regional Regulation, Management, Rubbish.

ANALISIS YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 56/PUU-XX/2022 TENTANG PENGUJIAN MATERIIL PASAL 27 A AYAT (2) HURUF B UNDANG-UNDANG NOMOR 7 TAHUN 2020 TENTANG MAHKAMAH KONSTITUSI Samuel Yakub Radja Gnting Suka; Mexsasai Indra; Zainul Akmal
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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Judicial power is an independent and independent power that carriesout a judicial function in the field of justice. The Constitutional Court is a stateinstitution that carries out the functions of judicial power which is grantedconstitutional authority in Article 24 letter C of the 1945 Constitution of theRepublic of Indonesia. In addition, the Judicial Commision is part of the judicialpower but does not carry out a judicial function. Judicial Commision is only aninstitution that balances the power of the judiciary which has the authority by theConstitution to maintain and uphold the nobility and behavior of judges.The type of research used by the author is normative legal research orwhat is known as "legal research". Which means that this legal research, law isoften conceptualized as what is written in statutory regulations (law in book) orlaw. Regarding the Constitutional Court Decision Number 56/PUU-XX/2022which conducted a material review of Article 27 A paragraph (2) Letter B LawNumber 7 of 2020 Concerning the Constitutional Court.The Constitutional Court Decision Number 56/PUU-XX/2022 states that1 (one) member of the Judicial Commission as one of the elements in theHonorary Council of the Constitutional Court is contrary to the Constitution anddeleted. Meanwhile, the background or urgency for the establishment of theJudicial Commision was to overcome judicial mafia practices that hadmushroomed at that time in Indonesian courts, as well as to restore publicconfidence in the judiciary. Judicial Commision is mandated by Article 24Bparagraph (2) to protect and uphold the honor of judges, while the ConstitutionalCourt is of the opinion that the judges in question are different fromConstitutional Court judges in their positions. in the Constitution itself there is nodistinction between judges according to their position or function. It is feared thatthe Judicial Commision's exception will further open up opportunities for judicialmafia practices. In this regard, this decision will also result in a situation thatmakes the Court a super body judicial institution because there is no institutionoutside the Court that will supervise and uphold the ethics of the ConstitutionalKeywords: Decision MK, MKMK, KY Supervision

MEKANISME PARTISIPASI MASYARAKAT DALAM PEMBENTUKAN PERATURAN DAERAH DI KABUPATEN INDRAGIRI HULU Kevin Destra Volta; Mexsasai Indra; Zainul Akmal
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 aim of this research is to find out the mechanism of communityparticipation in the formation of regional regulations in Indragiri Hulu Regency. Andto find out the arrangement of regulations related to community participation in theformation of regional regulations in Indragiri Hulu Regency. The data sourcesneeded to obtain information were the Legal Section of the Regional Secretariat ofIndragiri Hulu Regency, the Public Relations Section of the Indragiri Hulu RegencyDPRD, the Head of the Special Committee and members in the Raperda Discussion inIndragiri Hulu Regency and community representatives in making regionalregulations of Indragiri Hulu Regency. The data collection tools for this research arefield research studies or interviews and document studies (library). The research datawere analyzed using qualitative data analysis.The type used in this research is descriptive analysis. Research usingdescriptive analysis is research that merely describes the state of objects or eventswithout an intention to draw general conclusions. Legal research can be carried outusing 2 (two) approaches, which consist of normative legal research (normativejuridical) and sociological legal research (empirical juridical). So it can beconcluded for this research that leads to an empirical juridical research approach.From the research results it is known that public participation is viewed fromthe applicable laws and regulations, namely Article 136 paragraph 4, Article 139paragraph 1 Number 23 of 2014 concerning Regional Government, Article 53 of theLaw of the Republic of Indonesia Number 13 of 2022 concerning the SecondAmendment to Law Number 12 of 2011 concerning the Establishment of Legislation.Forms of community participation can be done verbally and/or in writing. Theproblem for Indragiri Hulu Regency is that online community participation is not yetavailable..Keywords: Community Participation, Formation Of Local Regulations

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