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IMPEACHMENT PRESIDEN DAN WAKIL PRESIDEN DALAM SISTEM PRESIDENSIL PADA MASA SEBELUM DAN SESUDAH AMANDEMEN UNDANG-UNDANG DASAR 1945 Harry Surya Putra; Dodi Haryono; Zainul Akmal
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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Impeachment is a process of charges filed by the legislative branch of a government againsta civilian official. Legally the term impeachment is applied only to charges. In common usage, itincludes trials of defendants conducted by the higher branch of the legislature.This research will examine the main issues according to the scope and identification ofproblems through a normative juridical approach. Based on normative research methods, the datasources used in this research are secondary data sources which consist of 3 legal materials,namely: primary legal materials, secondary legal materials, and tertiary legal materials. Datacollected from literature studies.After the Amendment to the 1945 Constitution, the mechanism for dismissing the Presidentin Indonesia is far more complicated than before. Starting from the institutions involved and theprocess that must be passed is very different from before the 1945 Constitution was changed.Under normal circumstances, it is very difficult to remove or impeach the President and/or VicePresident. Whereas it is true that the procedure for dismissing the President and/or Vice Presidentduring their term of office has been provided for in the 1945 Constitution. It's just that to be able todo so requires a political and legal process that is quite long and tortuous. From the point of viewof the involvement of state organs and the regulation of the impeachment mechanism in the 1945Constitution, there is still room for struggle between politics and law. Given that the position ofauthority to dismiss the President and/or Vice President rests with the MPR but involves theConstitutional Court in it.Keywords: Impeachment - President and Vice President - Presidency - Amendment to the 1945Constitution

TINJAUAN YURIDIS PUTUSAN PENGADILAN NEGERI PEKANBARU NOMOR 109/PDT.SUS-PARPOL/2022/PNPBR TENTANG GUGATAN PELAKSANAAN MUSYAWARAH DAERAH DEWAN PIMPINAN DAERAH PARTAI DEMOKRAT PROVINSI RIAU Salsabila Firdaus; Dessy Artina; Zainul Akmal
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 problem of internal conflicts of political parties that occur in the management ofthe democratic party in Riau province. In 2021. This conflict is seen as a conflict over powerand leadership within the democratic party in Riau Province.In this conflict the agitators areAsri Auzar and friends who are legitimate administrators of the Regional Leadership Council(DPD). In his lawsuit, the plaintiff explained the beginning of problems that occurred in themanagement of the Democratic Party.This research is a researcher of normative law. This is based on literature researchthat takes quotations from reading books, or supporting books that have something to do withthe problem to be studied. This study used Secondary data sources consisting of primary,secondary, and tertiary book materials. This study also used qualitative data analysis andproduced Descriptive data.From the results of the research and discussion conducted, there are severalconclusions obtained, namely: first, the case of political party settlement to the district courtis Article 33 paragraph (1) of Law Number 2 of 2011 which reads, "In the event that disputeresolution as referred to in Article 32 is not achieved, dispute resolution is carried out throughthe District Court". Settlement of political party disputes through district courts is an effort ifsettlement through the mechanism of political party courts cannot be achieved.Second, as well as the dismissal and implementation of regional deliberations only oneday apart violates the principle of propriety and the party does not carry out its functions asregulated by Law Number 2 of 2011 concerning Amendments to Law Number 2 of 2008concerning Political Parties, the authority in carrying out regional deliberations is the DPD,not the DPP nor the 12 DPCs of the Democratic Party, the DPP is only authorized to carryout extraordinary deliberations.The author's suggestion is that there should be strengthening of the RegionalLeadership Council of Political Parties in matters of regional deliberations without being ableto intervene in the Central Leadership Council of Political Parties as well as legalarrangements for the settlement of political party disputes in Law Number 2 of 2011concerning Amendments to Law Number 2 of 2008 concerning Political Parties.Keywords : Internal conflicts, Internal conflicts, Political Party Court

KEDUDUKAN SURAT KEPUTUSAN BERSAMA LEMBAGA PEMERINTAHAN DALAM SISTEM HUKUM INDONESIA (Studi: Surat Keputusan Bersama Tentang Pedoman Implementasi Undang-Undang Informasi dan Transaksi Elektronik) M. Farhan Rynaldi; Emilda Firdaus; Zainul Akmal
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 government made Law Number 11 of 2008 and then revised it with Law Number 19of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information andElectronic Transactions as a response to developments in the field of technology andinformation. This aims to fill the legal vacuum for the development of criminal acts incyberspace or social media. Meanwhile, the implementation of the Information and ElectronicTransaction Law has caused unrest in society due to the existence of several rubber articles inthe Law. So that as the government's response to this problem, the government formed a JointDecree on Guidelines for the Implementation of the Electronic Information and TransactionLaw. So with this SKB it is hoped that there will be no more multi-interpretations. However,this SKB has sparked debate in the Indonesian legal system regarding the legality of makingthe SKB as well as regarding its implementation. Because how is it possible for a legal productin the form of an Act to be locked up by an SKB as if this SKB has super power that canoverpower the Act.This type of research can be classified into the type of normative legal research relatedto the position and nature of the norms of joint decrees that are linked in the hierarchy of lawsand regulations. Then use data sources from primary, secondary and tertiary legal materialsby conducting literature studies in collecting data and using qualitative analysis methods inprocessing data and drawing conclusions.From the results of the research problem there are two main things that can beconcluded. First, the Joint Decree does not have a position in the hierarchy of Article 7 LawNumber 12 of 2011 Concerning the Formation of Legislation. Then, when viewed from Article8 Paragraph (1) regarding the Joint Decree on Government Institutions ConcerningGuidelines for the Implementation of the Information and Electronic Transactions Law, afterthe author conducted a study, it turns out that there is not a single law ordering the JointDecree to be made to the Chief of Police, Kajagung, and the Minister of Communication andInformatics as well as in terms of their authority. Second, it is necessary to review the JointDecree, because it is hoped that in the future the joint decree can become an alternative lawbefore a law is formed to overcome existing legal problems. Of course, no longer as a JointDecree but as a Joint Regulation.Keywords: Joint Decree, decision (beschikking), regulation (regeling)

TINJAUAN YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 106/PUU-XVIII/2020 TENTANG PENGGUNAAN NARKOTIKA UNTUK KEBUTUHAN MEDIS Muhammad Arif; Emilda Firdaus; Zainul Akmal
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Whereas according to the Petitioners, the Elucidation of Article 6paragraph (1) letter a and Article 8 paragraph (1) of Law 35 of 2009 concerningNarcotics has resulted in the loss of the Petitioners' rights to obtain healthservices as stipulated in Article 28H paragraph (1) of the 1945 ConstitutionArticle 7 paragraph (1) Law Number 35 of 2009, Article 7 stipulates thatnarcotics can only be used for the benefit of health services and/or scientificdevelopment knowledge and technology. But in article 8 paragraph 1 of Lawnumber 35 of 2009.Regarding this research, it can be classified into the type of normativelegal research related to the Constitutional Court decision number 106/puu-xviii/2020. From the results of the research problem there are two main thingsthat can be concluded. First, there is a discrepancy or unconstitutionality becausethere is a difference in sound, so a review is needed. Because in Article 7 it isclear that for health it may be used by any group as long as it is still usedaccording to doctor's recommendations and according to Health Law number 36of 2009 concerning health.Second, the Constitutional Court should not at all close the loophole onthe use of Narcotics Category I, which not only cannabis can be used for thebenefit of health services. The Constitutional Court realizes that for the use ofNarcotics Category I for the benefit of health services it must be supported by thereadiness of facilities and infrastructure as well as supporting scientific evidence,so that the Government needs to start by conducting comprehensive studies andresearch.Key Words : Decision, Constitutional Court, Narcotics, Medical.

IMPLEMENTASI PERATURAN MENTERI AGRARIA DAN TATA RUANG/ KEPALA BADAN PERTANAHAN NASIONAL REPUBLIK INDONESIA NOMOR 16 TAHUN 2019 TENTANG PENYELENGGARAAN SISTEM PENGENDALIAN INTERN PEMERINTAH DI LINGKUNGAN KEMENTERIAN AGRARIA DAN TATA RUANG/KEPALA BADAN PERTANAHAN NASIONAL KOTA PEKANBARU Mahani Mahani; Dessy Artina; Zainul Akmal
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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This research relates to the Implementation of Internal Control Based on theRegulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the NationalDefense Agency of the Republic of Indonesia Number 16 of 2019 concerning theImplementation of the Government's Internal Control System within the Ministry of AgrarianAffairs and Spatial Planning/National Defense Agency of Pekanbaru City. In the field,internal supervision has not yet been carried out at the Pekanbaru City Land Agency, whichcan be seen from the absence of a clear flow of supervision and the absence of a report on theresults of internal supervision to the Pekanbaru City Inspectorate as well as reports submittedto Commission 1 DPRD Pekanbaru City as one of the external supervisors from thePekanbaru City National Land Agency. Therefore it is necessary to study the first stimulant,internal supervision is appropriate. with the Regulation of the Minister of Agrarian Affairsand Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number16 of 2019 at the Pekanbaru City National Land Agency. Second, the supporting andinhibiting factors in implementing the Regulation of the Minister of Agrarian Affairs andSpatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 16of 2019 at the Pekanbaru City National Land Agency.This research is a sociological law research, because it is based on field research,namely by collecting data from observation, interviews, and literature studies that have arelationship with the problems studied assisted by primary, secondary, and tertiary data. Thisstudy uses qualitative data analysis, produces descriptive data, and concludes with adeductive thinking method.From the research results there are three main things that can be concluded. First,internal supervision at the Pekanbaru City Land Agency has not yet been carried out inaccordance with the Regulation of the Minister of Agrarian Affairs and SpatialPlanning/Head of the National Land Agency of the Republic of Indonesia Number 16 of 2019concerning Implementation of the Government Internal Control System within the NationalLand Agency, this can be seen from the absence a clear flow of supervision and there is noreport on the results of internal supervision to the Pekanbaru City Inspectorate or a reportsubmitted to Commission 1 of the Pekanbaru City DPRD as one of the external supervisorsfrom the Pekanbaru City National Land Agency.Keywords:Implementation-Internal Oversight-National Land Agency

IMPLEMENTASI PASAL 2 HURUF b PERATURAN MENTERI HUKUM DAN HAK ASASI MANUSIA REPUBLIK INDONESIA NOMOR 8 TAHUN 2019 TENTANG STANDAR PENGELOLAAN DOKUMEN DAN INFORMASI HUKUM MELALUI WEBSITE JARINGAN DOKUMENTASI DAN INFORMASI HUKUM (JDIH) DI BIRO HUKUM SEKRETARIAT DAERAH PROVINSI RIAU Dhea Inneke Putri; Mexsasai Indra; Zainul Akmal
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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The standard of management of legal documentation and information is still aseparate record for the Legal Bureau of the Riau Province Regional Secretariat. Themanagement of legal documentation and information is still not in accordance with Article2 Letter B of the Regulation of the Minister of Law and Human Rights Number 8 of 2019concerning Legal Documentation And Information Management Standards because themanagement of legal products on the Documentation and Legal Information Networkwebsite is still experiencing delays in updating legal products because the capacity forstoring legal products on the Legal Documentation and Information Network website isvery limited and results in the content or content of legal products cannot be publishedcompletely, therefore resulting in limited access for people in need.This research is classified as sociological legal research, namely research thatwants to look at the correlation between law and society with the gap between dass sollenand das sein.. The data sources used are primary data, secondary data and tertiary datawith data collection techniques using interviews and literature review.From the research results, there are three main things that can be concluded.First, the implementation of Article 2 Letter B of the Regulation of the Minister of Law andHuman Rights of the Republic of Indonesia Concerning Standards for Management ofLegal Documentation and Information in the Legal Bureau of the Regional Secretariat ofRiau Province can be said to have not run optimally due to delays in updating legalproducts, resulting in delays in updating the latest legal products on the website. JDIH.Second, supporting factors in the process of managing legal documentation andinformation at the Legal Bureau of the Regional Secretariat of Riau Province, namelyadequate facilities and infrastructure such as computers and the internet. Inhibiting factorsin the Riau Province JDIH management process include limited human resources in termsof the Riau Province JDIH management website, lack of guidance and budgeting for theRiau Province JDIH. Third, there is a virus on the JDIH Riau Province website. Third,regarding the efforts made, namely by adding human resources, increasing the budget andincreasing the database storage capacity of the Riau Province JDIH website.Keywords: Legal Documentation and Information Network – Management Standards –Legal Products

POLITIK HUKUM LARANGAN ANGGOTA BADAN PERMUSYWARATAN DESA SEBAGAI PENGURUS PARTAI POLITIK BERDASARKAN UNDANG-UNDANGNOMOR 6 TAHUN 2014 TENTANG DESA M. Agum Wira Yudha Gumelar; Junaidi Junaidi; Zainul Akmal
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 article 67 number 8 of Law Number 6 of 2014 concerning Villages it isexplained that the Village Consultative Body is prohibited from "becoming theadministrator of a political party". Cases of multiple positions are quitecommonplace in the nation and state, but their existence cannot be fully acceptedand they are even more likely to be rejected due to many factors, for example,they can cause conflicts of interest, the occurrence of multiple incomes, weaksupervision and so on.This type of research can be classified in the type of Normative legalresearch, which reveals legislation relating to legal theories that are the object ofresearch. The approach taken uses a qualitative analysis approach by looking fordata both in books, journals and other scientific works related to this research.The data sources used are primary and secondary legal materials.The conclusions that can be obtained from the research results are First,the political law prohibiting members of the Village Consultative Council aspolitical party administrators based on Law Number 6 of 2014 concerningVillages and the impact or implications where the political law prohibitioncreates village regulations that are oriented to the function of protecting andchanneling the aspirations of the village community, the supervisory functionsupervises the performance of the village headOf course, this article still createsmisinterpretation, therefore the Village Consultative Body cannot hold concurrentpositions as administrators of political parties, especially political parties fundedby the APBN and APBD. The prohibition of concurrent positions on the VillageConsultative Council in political parties in Law Number 2 of 2008 concerningPolitical Parties also contains no provisions that specifically regulate theprohibition of concurrent positions as political party administrators. Thelegislation also does not explain the concept of multiple positions clearly.Keywords: Village Consultative Body, Political Parties, Legal Politics,Prohibition, Ideal Ideas.

POLITIK HUKUM PENGATURAN PENUNJUKAN DATUK ADAT DALAM MASYARAKAT HUKUM ADAT PESUKUAN LUHAK RAMBAH DI KABUPATEN ROKAN HULU Yuli Hesman; Evi Deliana; Zainul Akmal
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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In the election of the traditional datuk in Luhak Rambah, there is an arrangement inthe form of appointment. However, in this case, conflicts and controversies often occurbetween the children and nephews of tribal groups. Therefore, this research aims to find outthe electoral system, traditional leadership structure in Luhak Rambah, and so on. This iswhat ideally happens in the Luhak Rambah community and this research can be used as areference in making a policy. So, from this research, it was found that, in the legal system forthe election of traditional datuks in the customary law community of the Luhak Rambah tribe,the election was carried out due to several factors.The first was that the replacement of the dila was due to the condition of thetraditional datuk (age and illness), so the election was carried out by means of deliberationand an appointment process. /appointed in accordance with the order of descent of thenephew's children. Second, the election is because the traditional datuk dies, so the electionis carried out by determining which nephew's son will hold the body of the grandfather forthe first time (cleaning the genitals), then that is the person who will be appointed to be thedatuk next custom. From this research, ideas/mechanisms and more relevant regulationsfrom the government are needed as guidelines and implementation rules to overcomeproblems that have occurred so that they do not happen again and can be carried outaccording to existing customs.Keywords : Electoral System, Customs, Tribal People, Luhak Rambah

PENDIDIKAN POLITIK BAGI PEMILIH PEMULA OLEH PARTAI POLITIK DI KABUPATEN KEPULAUAN MERANTI BERDASARKAN UNDANG-UNDANG NOMOR 2 TAHUN 2008 TENTANG PARTAI POLITIK Sri Kemuning; Maria Maya Lestari; Zainul Akmal
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
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Political parties have a role in providing political education as stated in law number 2of 2008 concerning political parties. Political education is very important for society,especially for beginner voters, considering that beginner voters are emotionally unstable andhave minimal political knowledge.This type of research is empirical (sociological), which uses empirical facts taken fromKPU and high school data as well as interviews with political parties and first-time voters.The problem that the author raises is how to provide political education for beginnervoters in Meranti Islands Regency based on law number 2 of 2008, what are the supportingand inhibiting factors in providing political education for beginner voters in Meranti IslandsRegency, and what efforts to increase community participation especially new voters inMeranti Islands Regency in politics.The results of the research show that in Meranti Islands Regency political parties aresaid to not be running optimally and there are still shortcomings. It can be said that most ofthe political parties in the Meranti Islands Regency only focus on providing political educationto cadres or internal party members without involving the community, especially first-timevoters. The inhibiting factor for Political Parties in Kepuluan Meranti Regency in providingpolitical education is the public's distrust of Political Parties, that when participating inpolitical party events people think they will be said to be members of a Political Party. Lack ofenthusiasm from the public. And several political parties said that there were no obstacles, butpolitical education was not being implemented in the community. This means that there is alack of understanding of Political Party administrators in their function and role in providingpolitical education to the community. Author's suggestion: It is hoped that there will be anoversight institution for Political Parties in carrying out their roles and responsibilities toprovide political education, and it is hoped that Political Parties can implement the rules,duties, functions and authority of Political Parties in providing political education inaccordance with the updated Law Number 2 of 2008 again becomes Law Number 2 of 2011concerning Political Parties. And it is hoped that there will be real action from political partiesand the government, so that people are not anti-politics and it does not become a trust issuefor political parties.Keywords: novice voters, political parties, political education.

IMPLEMENTASI PROGRAM 3R (REDUCE, REUSE DAN RECYCLE) PERATURAN DAERAH KOTA PEKANBARU NOMOR 08 TAHUN 2014 TENTANG PENGELOLAAN SAMPAH DI TAMAN KOTA PEKANBARU Shindy Fauziyah; Maria Maya Lestari; Zainul Akmal
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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This research focuses on the implementation of the 3R (Reduce, Reuse, and Recycle)programme in Pekanbaru City Regional Regulation Number 08 of 2014 concerning WasteManagement in Pekanbaru City Parks. The 3R programme is the government's effort toovercome the waste problem which is one of the biggest problems in the environment ofPekanbaru city. The goal is to reduce the amount of waste, foster public awareness, andprovide benefits for community empowerment. This research examines the extent of publicawareness in implementing the 3R programme and how the government supports theprogramme in public places such as city parks in accordance with applicable regionalregulations.This type of research is sociological research and descriptive in nature. The researchlocation was conducted in 4 locations, namely the Pekanbaru City Environment and HygieneOffice, Pekanbaru Mayang Glass Park, Pekanbaru Tunjuk Integritas Park, and PekanbaruCity Park. The population of this research is park visitors and parties related to parkmanagement in Pekanbaru City. Samples were taken by simple randomisation from thepopulation of park visitors. Data sources consist of primary data through observation,interviews, and questionnaires to the government, related agencies, janitors, and visitors tocity parks. Secondary data is obtained from laws and regulations, books, and previous researchresults. Data collection techniques were carried out through observation, interviews,questionnaires, and document studies. Data analysis uses qualitative analysis by describingand interpreting data and drawing conclusions deductively.From the results of the study it can be concluded that public awareness in implementingthe 3R Programme in Pekanbaru City Park is still lacking. There are still many visitors whothrow garbage not in the place that has been provided. In addition, the lack of personal hygieneofficers also affects the running of the 3R programme in Pekanbaru City Park. Second, theimplementation of the Pekanbaru City Regional Regulation number 8 of 2014 concerningWaste Management in Pekanbaru City, on the Communication indicator in the implementationof waste management in Pekanbaru related to socialisation, the value is not yet optimal but theagency will make maximum efforts to provide understanding to the public about the impact ofthe dangers of littering, secondly on the Resource indicator related to the lack of personnel inwaste management due to the limited budget owned by the agency. However, in the nextindicator, the role of the government has been carried out well.Keywords: Implementation, 3R Program, PERDA.

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