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All Journal Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Riau Law Journal
Muhammad A. Rauf
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Law, Crime, Criminology & Criminal Justice Social Sciences

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STUDI PERBANDINGAN PENGATURAN PEMBERHENTIAN PRESIDEN DAN ATAU WAKIL PRESIDEN ANTARA INDONESIA DENGAN INDIA ATAS PERBUATAN TERCELA Robert Reiman Simanullang; Mexsasai Indra; Muhammad A. Rauf
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 the constitutional system, there is an institution called impeachment. Manyparties understand that impeachment is the downfall, cessation, or dismissal ofthe President or high-ranking officials from office. In fact, the meaning ofimpeachment itself is an accusation or indictment so that impeachment focusesmore on the process and does not necessarily end with the cessation or removalof the President and other high-ranking state officials from office. Each countrythat has adopted the provisions on impeachment regulates these mattersdifferently, in accordance with the arrangements in the constitution. In Indonesia,there are grounds for impeachment of the President, one of which is misconduct,where there is still no clarity regarding the regulation of misconduct both in the1945 Constitution and other laws. Misconduct as a reason for impeachment ofthe President in Indonesia is still multi-interpreted, making it a rubber articlethat can be "played" by the House of Representatives. Therefore, it is necessaryto have a comparative country to find a clear arrangement regarding the reasonsfor misconduct as a reason for impeachment of the President, in this case, Indiais the comparative country.This research is normative legal research. It is based on library researchthat takes quotations from reading books or supporting books related to theproblem under study. This research uses secondary data sources consisting ofprimary, secondary, and tertiary legal materials. This research also usesqualitative data analysis and produces descriptive data.From the results of the research and discussion conducted, it is necessary tohave certainty regarding the regulation of criteria or standardization ofmisconduct to be used as a reason for impeachment of the President in Indonesia,so that the reason for misconduct cannot be used as a rubber article that can be"played" by the House of Representatives. There is also a need for a moreefficient dismissal mechanism so that it does not take too long.Keywords: President; Impeachment; reprehensible deeds
ANALISA KEBIJAKAN PENGATURAN JARAK IDEAL KELAHIRAN ANAK DALAM UNDANG-UNDANG NOMOR 52 TAHUN 2009 TENTANG PERKEMBANGAN KEPENDUDUKAN DAN PEMBANGUNAN KELUARGA Khairunnisa Hasibuan; Gusliana HB; Muhammad A. Rauf
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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Law Number 52 of 2009 concerning population development and familydevelopment, population is matters relating to the number, structure, growth,distribution, mobility, distribution, quality, and welfare conditions relating topolitics, economics, socio-culture, religion and the environment resident. Inwriting, the author focuses on the ideal spacing of child births in Law Number 52of 2009 concerning Population Development and Family Development. Thepurpose of writing this thesis is first to find out how to regulate the ideal spacingof child births in Law Number 52 of 2009 concerning Population Developmentand Family Development. Second, to find out how the ideal concept of spacingchildren's births in Indonesia is in Law Number 52 of 2009 concerningPopulation Development and Family Development.The author conducted research using normative juridical methods orliterature studies in order to obtain secondary data through documentary studies,namely by studying and analyzing descriptively comparative laws and regulationswith theories that have a relationship to the problems studied.From the results of the study there are two main things that can beconcluded, firstly, the regulation regarding the ideal spacing of child births in lawnumber 52 of 2009 concerning population development and family development isregulated in article 4 and article 21, the second is the ideal concept in regulationspacing of child births in Indonesia in law number 52 of 2009 concerningpopulation development and family development is 18-23 months between twopregnancies is the best and most ideal because the mother has time to recover andreplenish the body's resources.The author's suggestion, in this study, is to suggest that the implementationof the central government and local governments issue further regulations interms of setting the ideal spacing for child births so that there is legal certainty,setting the ideal spacing for child births will have an impact on mothers andbabies so that the health of mothers and babies is maintained and also applies tothe economic, social and cultural sectors of society.Keywords: Policy, Ideal Distance of Child Birth, Law Number 52 of 200.
PENEGAKAN SANKSI ADMINISTRASI TERHADAP PELANGGARAN DISIPLIN PEGAWAI NEGERI SIPIL DI BADAN PENDAPATAN DAERAH PROVINSI RIAU BERDASARKAN PERATURAN PEMERINTAH NOMOR 94 TAHUN 2021 TENTANG DISIPLIN PEGAWAI NEGERI SIPIL Rifa Ariqa; Mexsasai Indra; Muhammad A. Rauf
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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Civil Servants have a very important role in achieving national goals. To achievethese national goals, Civil Servants must have honest and responsible personalities in carryingout their duties. However, there are still employees who violate disciplinary rules so that it caninterfere with performance in their work which is in charge of serving the community. Manyemployees underestimate the regulations regarding the discipline of Civil Servants. In thisstudy, the authors conducted research at Badan Pendapatan Provinsi Riau to see how it wasimplemented, the obstacles encountered, and the efforts that could be made in upholdingdiscipline at the Regional Revenue Agency of Riau Province.This study uses the sociological legal research method, because it directly conductsresearch on the locations or points examined to provide a complete and clear picture of theproblems examined. This research is located in Badan Pendapatan Provinsi Riau with apopulation and sample, namely parties related to the problems studied in this study. Sources ofdata, namely primary data and secondary data, data collection techniques in this study wereobservation, interviews, and literature review. Qualitative data analysis, namely data stated inwriting or verbally and real behavior with deductive conclusions, namely general to specificwithdrawals.Based on the research results, the Regional Revenue Agency for Riau Province usesGovernment Regulation Number 94 of 2021 for discipline enforcement, but in practice it is stillnot appropriate due to obstacles encountered in its implementation such as lack of supervisionfrom authorized officials, weak law enforcement, limited resources people and the fading senseof self-discipline in the Civil Servants themselves. There have been various efforts made indealing with these obstacles such as by carrying out internal coaching regarding discipline,providing advice and directions to employees who violate it, imposing sanctions according tothe violations committed, and there must also be self-awareness from Civil Servants regardingdiscipline.Keywords: Civil Servants, Discipline Violations, Disciplinary Sanctions Enforcement
ANALISIS PENYELESAIAN SENGKETA PEMILIHAN KEPALA DAERAH DALAM PUTUSAN MAHKAMAH KONTITUSI NOMOR 85/PUU-XX/2022 TERHADAP PEMBENTUKAN BADAN PERADILAN KHUSUS PEMILU DI INDONESIA Nikmat Ilham; Mexsasai Indra; Muhammad A. Rauf
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 regulations regarding the authority to settle regional election resultsgiven to the Constitutional Court have experienced several polemics. The problemthat arises is that the authority of the Constitutional Court (MK) to resolvedisputes over regional head election results is now permanent. This wasconfirmed in Decision Number 85/PUU-XX/2022 in which the Court stated thephrase "until the formation of a special judicial body" if a Special Judicial Bodycan be formed, of course by studying the paradigm and system of direct regionalelection dispute resolution that has been handled by the Constitutional Court. ,then perhaps this would be the best solution to "reduce" the burden on theConstitutional Court, whose ideals are focused on handling constitutionalproblems which are the authority and obligation of the Constitutional Court(Article 23 C paragraphs (1) and (2).This type of research can be classified into the type of normative legalresearch. This study used secondary data consisting of primary legal materials,secondary legal materials, tertiary legal materials and data collection techniqueswere carried out using the library study method.From the results of research on the problem, there are two main thingsthat can be concluded. First, resolving disputes over election results (election ofgovernors, regents and mayors) has experienced significant changes in practice.This expansion stems from the Constitutional Court's authority given by law inhanding down decisions, so that there is also an expansion of the applicant's legalposition, the object of the petition, case examination, evidence, as well asdecisions handed down by the Constitutional Court, the legal enforcement ofwhich has not yet been completed or has been completed but is ignored by theorganizers. Second, the ideal format for resolving the General Election ofRegional Heads Based on the Constitutional Court Decision Number 85/PUU-XX/2022 is ideally carried out by the Special Judiciary Agency.Keywords: Constitutional Court, General Election, Special Judicial Body
PENGUATAN SISTEM PRESIDENSIAL MELALUI PENERAPAN AMBANG BATAS PARLEMEN DALAM PEMILIHAN UMUM DI INDONESIA Dihan Elzani; Dodi Haryono; Muhammad A. Rauf
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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Abstract

The parliamentary threshold is the minimum vote limit for political parties in generalelections to participate in determining the number of seats in the DPR. This parliamentarythreshold was created to stabilize the relationship between the Executive and the Legislature in ademocratic country. The aim of implementing the threshold provisions is to reduce the number ofpolitical parties in parliament in order to simplify the party system. Apart from that,parliamentary thresholds can also be used as an instrument to screen participants for the nextelection. In accordance with the mandate contained in the Constitutional Court's decisionNumber 52/PUU-X/2012, the parliamentary threshold only applies to calculating the valid votesobtained by political parties at the DPR level. Based on Law Number 7 of 2017, theparliamentary threshold for the 2019 election was again increased to a minimum of 4%.This legal research is normative legal research. Normative legal research is legalresearch carried out by examining library materials or secondary data and tertiary legalmaterials. This type of normative law is also called doctrinal legal research, also known aslibrary research or document study. It is called doctrinal legal research, because this research iscarried out or directed only at written regulations or other legal materials. Comparative legalresearch is research that finds and looks for differences in various legal systems.The conclusions that can be obtained from the research results are: First, the regulationregarding the parliamentary threshold in Indonesia continues to experience developmentstarting from the enactment of the 2009 Legislative Election at 2.5% Second, the parliamentarythreshold is a system that strengthens presidential government, because a multiparty system is aform of combination that is not compatible with a presidential government system. Indonesiashould adhere to the threshold system implemented by countries that have been successful inimplementing thresholds, such as Turkey,Keywords : Parliamentary Threshold, General Election, Presidential.
Analisis Normatif: Kerugian yang Ditimbulkan oleh Penggunaan Alat Tangkap Ikan Pukat Harimau terhadap Kelestarian Lingkungan Muhammad A. Rauf; Mukhlis R; Davit Rahmadan; Sukamarriko Andrikasmi
Riau Law Journal Vol. 8 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/rlj.8.2.162-175

Abstract

Good management of regional assets is also key in improving financial capabilities and services to the community. The legal basis for regional asset management is regulated in Government Regulation Number 27 of 2014, which emphasizes the importance of administrative, physical and legal security for regional property. Thus, regional heads have a big responsibility in managing regional assets to avoid disputes and maximize the potential of assets as regional wealth. Management of regional assets, especially land, often faces various challenges, including unclear ownership status, lack of adequate documentation, and protracted legal conflicts. This study aims to identify the factors that cause disputes over regional land assets and evaluate the effectiveness of administration and control carried out by the regional government. In this research we will examine the problems of administering and controlling regionally owned land which is the object of dispute in court (goods management study belonging to a region in the province of Riau, the type of research used is research in the form of an empirical study which is to find theories regarding the process of occurrence and operation of law in society which finds facts according to what happened as they are, the conclusion of this research is Problematics The administration and control of BMD in Riau Province is caused by a lack of commitment from the relevant institutions and the high interest of third parties who have bad intentions, which often results in disputes in court. Although the courts generally uphold the rights of the Riau Provincial Government, this problem still affects the recording and reporting of regional assets
Co-Authors Adrefido Aditia Ahmad Raditya Yunizar Andrikasmi, Sukamarriko Dara Mutiara Wani Davit Rahmadan Dessy Artina Dicky Wahyudi Dihan Elzani Dodi Haryono Eci Novita Sari Ega Julianda Putri Emilda Firdaus Evi Deliana HZ Fikri Saputra Gusliana HB Hadra Nafila Fajriani Hafifatul Nesya Junaidi Junaidi Khairunnisa Hasibuan Konang Perdana Putra Lillaha Lekterda Maria Maya Lestari Markus Lato Munthe Mexsasai Indra Michael Graceson Loyver Sitompul Muhammad Iqbal Mukhlis R Nikmat Ilham Nurhazlina Afia Rahmawita Asari Rani Rinaldi Refika Wahyuni Rifa Ariqa Robert Reiman Simanullang Solly Aryza Sri Nabila