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TINJAUAN PELAKSANAAN KEWAJIBAN PT. INSTRUCOM TERHADAP TENAGA KERJA DALAM PERJANJIAN KERJA WAKTU TERTENTU DI KOTA PEKANBARU Muhammad Tri Wachyu; Maryati Bachtiar; Dasrol '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

PT. Instrucom one contracting company entered into agreements with a couple of companies. The company is engaged in the oil and gas in the city of Pekanbaru in his efforts can not be separated from cooperation with other companies or other parties that support the smooth and the progress of his business. In the cooperation of PT. Instrucom employs his own workers fatherly obligations in cooperation with other companies, with the cooperation agreement between PT. Instrucom with other companies creating employment agreements and PT. Instrucom that agreement given time. In 2015, workers feel their default done by. Instrucom, breach of contract in question is the late payment of wages of workers. The problems discussed in this thesis is, first, How is the implementation agreement between PT. Instrucom and labor ?, Second, How the settlement of disputes between PT. Instrucom with labor in the event of default?The method of research in this study, using this type of research is sociological / empirical research sites in the PT. Instrucom Pekanbaru, Riau. , In this research, data collection by interview, and literature study. After the data collected then analyzed qualitatively, then conclude with the deductive method is to analyze the problems of the general form into special shapes.From the research results can be concluded, first, in the implementation of the agreement PT. Instrucom and the labor force of Employment Agreement for specific time periods, workers feel aggrieved over the delay in payment of wages by PT. Instrucom, but PT Instrucom not feel the delay in payment of wages to workers because in the unwritten agreement wage payment date tenga tersebu work, so the implementation of the pact have not been going well. Second, the dispute settlement efforts done only by way of summons or warning of the workforce and by way of a bipartite or consultation between workers and the company, but did not produce an agreement. Until now the settlement of a dispute between PT. Instrucom and labor have not found a solution.Keywords: Implementation of Obligations, Specific Time Employment Agreement, PT. Instrucom, Labor
PERLINDUNGAN HUKUM TERHADAP PEMILIK ATAU PELAKU USAHA WARNET JIKA TERJADI KERUSAKAN JARINGAN DARI PENYEDIA LAYANAN INTERNET YAKNI PT. TELKOM INDONESIA DONI ANDRIAN HSB; Maryati Bachtiar; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Internet cafes (warnet) as a form of business that can facilitate and as a place for people to connectto the internet to access and obtain all information needs, but as technology develops and changes in habitsamong people make warnet not only as a place or place to get information or just access the news, but it hasincreasingly developed into entertainment facilities with various types of entertainment such as games,music, film, fashion and others. Some people make playing / visiting an internet cafe as an inevitableroutine, habit, or activity. Internet cafe is a type of entrepreneur that rents internet services to the generalpublic, the use of internet cafe services usually starts from students, professionals, and foreign tourists.This study uses an empirical juridical approach that is an approach by looking in terms of therealities that occur in the field. While the population and sample are parties related to the problemsexamined in this study, the data sources used, primary data, secondary data, and tertiary data. Thetechnique of collecting data in this study was through interviews and literature review.From the results of the research that the authors did, it can be concluded, first legal protection forconsumers in the event of network damage that causes financial losses for some internet cafe owners is stillnot implemented, because the accountability given by Telkom only fixes the damaged equipment which is nota compensation or interpretation from compensation, based on the Consumer Protection Act and in severalArticles contained in Telkom's terms and conditions of service, also includes Articles stating providingcompensation and compensation for Service Level Guarantee that is not fulfilled or if there are differencesin the amount of the bill. The second effort made by PT. Telkom Indonesia to guarantee the rights of itsconsumers if network damage has not been carried out properly, as evidenced by the lack of fulfillment ofthe responsibilities or obligations of Telkom regarding the guarantee of its main services and appreciationto consumers when its main services suffer disruptions such as providing compensation or compensation.Keywords: Legal Protection - Internet Cafe Entrepreneurs - Network Damage.
TANGGUNG JAWAB SOSIAL PERUSAHAAN (CORPORATE SOCIAL RESPONSIBILITY) DI BIDANG PERTAMBANGAN BAUKSIT PT. KERETA KENCANA BANGUN PERKASA TERHADAP LINGKUNGAN DAN MASYARAKAT KOTA TANJUNGPINANG Derry Imanda Prima; Firdaus '; Dasrol '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Every company who standing and residing in Indonesia, specially company which active in mining was obliged to execute CSR pursuant to Pasal 74 ayat (1) Undang-Undang Nomor 40 Tahun 2007 Tentang Perseroan Terbatas explain that “Copartnership running it’s business activity in area and/or relate to natural resources was obliged to execute environmental and social responsibility”. Pursuant from the section, every company was obliged to budget and run CSR programs for society and environment.The CSR activity initially represent voluntary program and it was not obliged to be executed by company. This congeniality changes when government start to realize that CSR was very importance to be achieved, specially to company which active in mining. That’s happen because the mining companyis not care about society and environment in their operation area. The mining activity has destroyed the environmental and prosperity of society do not havea significant change which as commended by constitution.Theoritically, CSR begin from business ethics, where a company do not only having a legal and economic obligations to shareholders, but they also have obligation to other party (stakeholders). All of this rule is not get out of fact that the company cannot live, operated, and also obtain an advantage without stakeholders. CSR was showed the company’s caring for the importance of other party more than importance of the company itself. Company who consist to apply the CSR’s programs in their activity will obtain various advantage, one of them was the trust of stakeholders which representing a long term investment.Keywords: Corporate Social Responsibility, Environment, Society
PERBANDINGAN PEMBAGIAN WARISAN UNTUK JANDA MENURUT KITAB UNDANG-UNDANG HUKUM PERDATA DAN KOMPILASI HUKUM ISLAM Riki Budi Aji; Maryati Bachtiar; Dasrol '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Widow as heir there are many similarities and differences in system of Islamic law with Western legal system where people are less aware of the similarities and differences. Inheritance law provisions regarding inheritance for widows there are very significant differences between the provisions of the Civil Code and the laws of Islam. Based on the explanation and the above background, the authors are interested in the discussion raised in a scientific study entitled " THE COMPARISON OF LEGACY SHARING FOR THE WIDOW ACCORDING TO CIVIL LAW AND COMPILATION ISLAMIC LAW"Basically, this research aims to achieve a proper understanding of the problems formulated. More specifically, the purpose of the study can be described as follows: First, to determine the position of widows as heirs in inheritance according to the Civil Code and Islamic Legacy Law. Second, to determine the distribution of inheritance to widows based on the Civil Code and Islamic Legacy Law. Third, to determine similarities and differences in the law about the division of inheritance for widows according to the Civil Code and Islamic Legacy Law.. The conclusion is First, Equation Position Widow as heir based based on the Civil Code and is based on Islamic Legacy Law is the class of the priority to be heir, so it is not obstructed heir heirs other than by virtue. Second, the difference, in the Civil Code Widows who do not have children or descendants heir entitled to the entire inheritance. While in Islamic Inheritance Law Widow heir with his parents and brothers heir. The amount of the legacy of the Civil Code for Widow equated with the legitimate child of the head-by-head. While the magnitude of the inheritance to the widow in Islamic inheritance according Islamic Legacy Law sourced from Al Quran has been determined, the 1/4 or 1/8.
PERLINDUNGAN HUKUM TERHADAP HAK-HAK EKSPORTIR DALAM PERMBAYARAN TRANSAKSI EKSPOR IMPOR MENGGUNAKAN OPEN ACCOUNT Fikri Al Mansur; Firdaus Firdaus; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Import and export is a form of economic relations between countries in the world. Import Export Transactions are simple international trade transactions which is buy and sell goods between entrepreneurs who are located in different countries. Exports are carried out by sellers in Indonesia, while imports by sellers abroad. So, import and export is the act of sell and buy by the seller to the buyer.In the practice of trading, most UMKM in Indonesia in international trade transactions use the open account payment method. The open account payment method was chosen because importers and exporters who have been trading for a relatively long time have known each other and have full mutual trust in the credibility of the importer, for exporters and importers payment method in this way is considered simple because it does not require varying documents, and reduces processing costs documents when compared to other payment methods.Open account payment method there is a risk for exporters, when the ordered goods have been sent to overseas buyers while the buyer does not make the payments for any reasons or the buyer is late in making payments causing losses for the exporter. Exporters depend entirely on financial flexibility, and the reputation of the importer to fulfill his obligations.The purpose of this study to find out how the legal protection of the rights of exporters who make payments for import export transactions using an open account and how to resolve the law if there is a breach of contract by the importer. The legal protection of the rights of exporters in payment of export and import transactions through an open account, at the initial stage of the transaction a sales contract is made, which contains state jurisdiction as the basis for choice of law in the event of a dispute. An empty law to organize the protection of exporters in payment of international trade transactions is an important homework for the government. Legal settlement in the breach of contract by the importer can be resolved peacefully, diplomatically (negotiation, fact finding, good services, mediation and conciliation) and by the law (International Arbitration and International Court of Justice).Keywords: Export, Import, Payment, Open Account.
PERLINDUNGAN HUKUM HAK KOMUNITAS MASYARAKAT ADAT (STUDI PERLINDUNGAN RIMBA LARANGAN MASYARAKAT ADAT RUMBIO KAMPAR Dwi Mutia Sari; Firdaus '; Dasrol '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Customary law is part of the law which is derived from the customs, ie social rules that are created and maintained by the legal functionaries and intended to regulate legal relations in a society and have sanctions. The 1945 Constitution of Indonesia concerning on customary law has stipulated in Article 18B paragraph (2), the article states that "The State recognises and respects traditional communities along with their traditional customary rights as long as these remain in existence and are in accordance with the societal development and the principles of the Unitary State of the Republic of Indonesia, and shall be regulated by law". Besides of being protected in the constitution, protection of the rights of indigenous peoples is also regulated in several laws. Rimba larangan is the source of life for the Rumbio indigenous people, and its utilization is done hereditary. The existence of customary forests determines the social economy of the Rumbio community. Recognition is the basic fundamental needed by indigenous peoples to secure the rights of indigenous peoples. The purposes of the author of this thesis, namely: First, To find out why the Rimba Larangan as the rights of Rumbio indigenous peoples not get the recognition from the state. Secondly, to know the mechanism of protecting the rights of indigenous peoples of Rumbio towards Rimba Larangan. Thirdly, to know the efforts to be made so that the rights of indigenous peoples of Rumbio to the Rimba Larangan gain recognition from the state. This type of research can be classified in the type of sociological research, because in this study the authors directly conduct research on the location or place studied in order to provide a comprehensive and clear picture of the problem. This research conducted at Rimba Larangan Adat Rumbio Kampar Regency, while population and sample are all parties related to the problem studied in this research. The source of data using primary data, secondary data, and tertiary data. In addition, the methods of data collection in this research are by questioning through questioner, interviewing and literature studies. From the result of the research, it can be concluded that, there is a dissonance and no harmonization of the Law and Regulation related to the definition of customary forest and indigenous people, The Government considered less attention to the aspirations of indigenous peoples related to the recognition of indigenous peoples' rights toward Rimba Larangan also have to form the cooperation between indigenous and the government in terms of recognition and protection of the rights of indigenous communities. Suggestions to be given are that indigenous peoples should filed a petition in accordance with procedures which has regulated by the law and Government as a bridge to realize the aspirations of the community should provide socialization and knowledge of the Legislation Regulation related to the rights of indigenous peoples. Keywords: Legal Protection - Community Rights - Indigenous Peoples - Rimba Larangan
PELAKSANAAN TANGGUNG JAWAP PT. NAGA LINE PEKANBARU TERHADAP KESELAMATAN PENUMPANG DARI PEKANBARU TUJUAN SELATPANJANG DARI TAHUN 2018-2019 Erwin Firmansyah Putra; Maryati Bachtiar; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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Sea, river and lake transportation plays an important role to facilitate the transportation of people and goods. In addition, transportation also plays a role as a supporter for the growth of regions that have large natural resources. The emergence of transportation causes the level of traffic accidents of river and land transportation in Indonesia to date is still quite high. In this case, safety is once again the main thing and should be a concern by companies engaged in shipping as done by PT. Naga Line Pekanbaru. This type of research used by the author is sociological legal research, which is a study that examines the legal aspects by looking at applicable laws and comparing them with their implementation in the field by means of surveys. This study was conducted in two locations Pekanbaru and Selatpanjang, while the population and sample are all related parties involved, sources used, primary data, secondary data and tertiary data, data collection techniques in this study by observation, interviews and studies literature. The results of this study are the lack of responsibility carried out by PT. Naga Line Pekanbaru as the transporter in providing security, comfort and safety for passengers. Pursuant to Article 40 Section (1) of Law Number 17 Year 2008 concerning Sailing which essentially asserts that transport companies in the waters are responsible for the safety of passengers and / or the goods they transport. Keywords: responsibility, transportation, passenger safety
PENYELESAIAN SENGKETA PERJANJIAN KERJASAMA ANTARA PT. SAFARI RIAU DENGAN KOPERASI TERANTANG JAYA MANDIRI DESA TERANTANG MANUK KECAMATAN PANGKALAN KURAS KABUPATEN PELALAWAN Tengku Indira Larasati; Zulfikar Jaya Kusuma; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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The government in the context of plantation management has directed its attention to increase the productivity of plantation management through partnership patterns. People who have low education who as a whole do not understand what and how the pattern of partnerships and lack of understanding in legal and management knowledge do not rule out the possibility of causing irregularities in a partnership agreement for the benefit of the core company, as happened at PT. Riau Safari. PT. Safari Riau as a partner of oil palm farmers should build a reciprocal relationship as a mutually beneficial partner. The partnership agreement that should have been mutually beneficial in the development cooperation and management of oil palm plantations caused polemic problems that resulted in a dispute between PT. Safari Riau and Koperasi Terantang Jaya Mandiri.This study aims to determine the rights and obligations of a cooperation agreement between PT. Safari Riau and the Koperasi Terantang Jaya Mandiri and the resolution of the dispute in the development and management of palm oil in Terantang Manuk Village, Pangkalan Kuras District. This research is an analytical descriptive empirical study. Data collection techniques carried out using primary data and secondary data. The results showed that 1) Rights and obligations of PT. Safari Riau and Koperasi Terantang Jaya Mandiri in the Palm Oil Development and Management Cooperation Agreement in the Terantang Manuk Village in Pangkalan Kuras Subdistrict, namely the company's rights as a manager and to finance the development and management of oil palm on the land of Kop-TJM members by providing experts for the development and management of plsama and providing technical guidance and job training to all workers and members. Kop-TJM is required to repay loans and will not sell or transfer ownership rights to plasma plantations without company approval. The rights of Kop-TJM members are obtained from the FFB sales revenue distributed monthly based on a percentage of FFB sales revenue. 2) Settlement of Disputes between PT. Safari Riau with the Terantang Jaya Mandiri Cooperative in the Development and Management of Palm Oil in the Terantang Manuk Village, Pangkalan Kuras District has been carried out through several stages, namely the stages of negotiation, conciliation and mediation. PT. Safari Riau with the Koperasi Terantang Jaya Mandiri in the Development and Management of Palm Oil in the Terantang Manuk Village, Pangkalan Kuras District continued until the court's verdict.Keywords: Settlement of Disputes - Cooperation Agreements – Cooperatives
ANALISIS YURIDIS TERHADAP PERBUATAN MELAWAN HUKUM PADA PERJANJIAN KERJASAMA YANG DIBUAT OLEH MUHAMMAD NUZUL SEBAGAI PIHAK DALAM PERJANJIAN (STUDI KASUS TERHADAP PUTUSAN MAHKAMAH AGUNG NOMOR 3198 K/PDT/2010) Muhammad Tahir Hutasuhut; Maryati Bachtiar Bachtiar; Dasrol '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Issues in Supreme Court Decision No. 3198 K / Pdt / 2010 which decides Muhammad Nuzul has committed an unlawful act for violating Law No. 30 Year 2004 concerning Notary, tort in the form of intervention in the Deed of Cooperation Agreement No. 208 dated January 30, 2006 made by Muhammad Nuzul, where the agreement was made with the tort and the only benefit fraud Muhammad Nuzul, and tort of using the money belongs to the Duma Sari Lubis given to Muhammad Nuzul for capital building stations Kamuyang River Payakumbuh, but the capital he used unlawfully by not clear and there are no reports for accountability for the use of the money. Keywords: Decision, Notary Law, Agreement, act against the rights
TINJAUAN YURIDIS TENTANG PRINSIP KETERBUKAAN TERHADAP PENJATAHAN SAHAM PADA SAAT INITIAL PUBLIC OFFERING (PENAWARAN UMUM PERDANA) DALAM KASUS PT. NARA HOTEL INTERNASIONAL Leo Valentino; Firdaus Firdaus; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Basically the Disclosure Principle is a general guideline that requires issuers, public companies and other parties subject to this law to inform the public in a timely manner all material information about their business or securities that may affect the decision of investors on the securities in question and or the price of effect. Article 79 Paragraph (1) of Law Number 8 of 1995 concerning the Capital Market states that every announcement in the mass media related to a public offering is prohibited from containing untrue information about material facts and or not containing statements about material facts required for information contained in the announcement does not provide a misleading picture. This type of research can be classified in the type of empirical normative research, and the data collection technique in this research is by means of library research, and the data analysis that will be used in this research is a qualitative method, then the results of this research will be presented in descriptive and interesting terms. conclusion the author uses the Deductive method of thinking is a way of thinking that draws a conclusion from a general statement or proposition into a specific statement. From the results of the research problem there are two main things that can be concluded. First, PT Nara Hotel Internasional has not fully complied with the principles of true and timely information disclosure as evidenced by the differences in the additional information documents submitted to the public and those submitted to the OJK which were not followed by confirmation before the registration statement became effective as stipulated in Regulation IX.A.2, then the centralized allotment allocation mechanism that is oversubscribed has not complied with Regulation IX.A.7. Second, in complying with the principle of information disclosure, OJK should be able to accommodate the number of securities offered, especially centralized allotments for retail investors, this needs to be done considering that the allotment of securities is material information as regulated in the Financial Services Authority Regulation Number 31 / POJK.04 / 2015. Then At the time of the IPO, prior to obtaining an effective statement from OJK, PT Nara Hotel Internasional should first confirm the changes and/or additions to material information until OJK responds to the changes and/or additions. After that, the issuer must announce the changes and/or additions 3 (three) days before the public offering period begins.Keyword: IPO-Principle of Disclosure-Nara Hotel.
Co-Authors ', Firdaus Abdul Rasyid Lukman Siregar Ade Christhina Ade P Banjarnahor Andrian Fertila Ardi Armandanu Artha Vennessa Artika, Primata Prischa Asih Artina Astri Adillah Bayu Syafandi Tosmar Bella Nabila Bima Sakti Ginting Candra. H, Limboy Alex Chairunnnisa, Amanda Dahnil, Silmia Darnia, Meriza Elpha Derry Imanda Prima Dicky Ramandha Putra Dina Saputri Dini Anisa Putri Dini Azani Dinnur Lutfi Dita Aprianty DONI ANDRIAN HSB Dumai Putra Mulia Pasaribu Dwi Mutia Sari Edward John Meyer Elda Mitari Erwin Firmansyah Putra Erwin Ramadan Evi Deliana HZ Fahasta, Tiara Purnama Fakhri, Gusti Randika Fernanda, Rian Dwiky Fikri Al Mansur Firdaus ' Firdaus Firdaus Firdaus Firdaus Fitri Aulia Simatupang Geremy Joy N Gusdiawan Gusdiawan Habibur Rahman Hadri Jasman Hutasoit Hamzah Hamzah Hanifah Fithriyah Hastuti, Ester Widi Hayatul Ismi Hendra Pranata Hendrianto Hendrianto Hendrico Rahmat Hengki Firmanda Herida Nilawati Manurung Iga S. Syahri Ilham Ilham Ivanov, Irsandi Iza, Amira Izatul Jeremia Ramot Liseseli Sitorus Jhonson Datmalem Siahaan Kristiningrum, Friska Dwi Lamtiar Lamtiar Leo Valentino Lestari , Rika lewis, Denince Luthfi Syasnur Fadjar Mardalena Hanifah Maria Maya Lestari Marissa Illahi Putri Markus Van Branco Harianja Martha, Cici Wia Maryati Bachtiar Maychel, Raja Mesy Yulandari Metia Winati Muchda Meyer, Edward John Monarchi, Try Krisna Muhammad Ardiansyah Muhammad Danel Muhammad Irham Muhammad Irham Muhammad Nadhif Syauqi Abrar Muhammad Rizki Kurnia Muhammad Septiardana Muhammad Tahir Hutasuhut Muhammad Tegar Adhiyatma Muhammad Tri Wachyu Mutiara Seroja Nadia Yolanda Naim, Putri Nazara, Afriani Neriana ' Nicky Cobitha Febriani Nur Rabiah Mardatila Pakpak, Yechieldo Panjaitan, Jesica Debora Pasaribu, Dumai Putra Mulia Pela Sapira PRIANDO MAHDELTA Putra, Rian Dika Putri Diana Dasopang Putri Maya Sari Putri, Dinna Keumala Rahmad Hendra Rahmanila, Rahmanila Rahmat Sandani Rahmi Febriani Raisa Tasya Nabila Ramlan Darmansyah Restu Dwi Kismawati Rian Dwiky Fernanda Rifqianda, Rentri Rika Lestari Riki Budi Aji Rinaldi Aidil Oswan Riza Andriani Rokhimatul Isnaini Rovandie, Rio Rukmana, Hermi Ruziqna, Ananda Sabila, Muthi’ah Sabrena Sukma Said Muhammad Iqbal Sandy, Ferri Sari, Dwi Mutia Sari, Lilian Perdana Sella M, Yuli Regita Septiohadi, Erhan Bagus Septriana Rahmawati Ardiani Sijabat, Sandro Imanuel Silaban, Adi Putra Sipayung, Dina Faurine Br. Situmorang, Agnes Fernadesta Sri Indah Lestari A.S SULISTIANI SULISTIANI Syahputra, M.Ikhsan Tama, Putra Davi Tengku Andrias Prayudha Tengku Indira Larasati Tengku Indra Adiputra Tengku Mega Rahmadini Tengku Sundari Pratiwi Tiara Antika Tiara Aoura Sari Titus Alam Sinaga Tommy Christian Silalahi Tumpak Hasiholan Manurung Ulfa, Aniza Nahdatul Ulya Arif Vina Septhiani Muthia Weni Hartanti Widia Edorita Wira Tri Ananda Manalu Yolla Indriana Zahara, Maya Zikri Afdal Zulfikar Jaya Kusuma Zulfikar Jayakusuma