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Adi Tiara Putri
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Riau Law Journal
Published by Universitas Riau
ISSN : 25798669     EISSN : 25798693     DOI : 10.30652
Core Subject : Social,
Riau Law Journal adalah jurnal yang diterbitkan oleh Fakultas Hukum Universitas Riau. Jurnal ini memuat kajian-kajian di bidang ilmu hukum baik secara teoritik maupun empirik. Fokus jurnal ini tentang kajian-kajian Hukum Perdata, Hukum Pidana, Hukum Acara, Hukum Bisnis, Hukum Tata Negara, Hukum Internasional, Hukum Administrasi Negara, Hukum Adat, Hukum Islam, Hukum Agraria, Hukum Lingkungan dan lainnya. Riau Law Journal diterbitkan 2 (dua) kali dalam setahun, yaitu pada bulan Mei dan November.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
Search results for , issue "Vol. 8 No. 2 (2024)" : 8 Documents clear
Akibat Hukum Wanprestasi dalam Perjanjian Jual Beli Perangkat Lunak Microsoft Bintang Sabda Ramadan; Iswi Hariyani; Pratiwi Puspitho Andini
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.8.2.113-125

Abstract

The buying and selling relationship between consumers and business actors presents an engagement that results in an agreement in which both parties have a dispute which can be called performance on the agreement so as not to give rise to a dispute which can be called a dispute of default or broken promise. For example, the case between PT. Asaba Computer Center and PT. Eduspec Indonesia with a breach of contract dispute regarding the sale and purchase of software with the issuance of the East Jakarta District Court decision Number 361/PDT.G/2019/PN.Jkt.Tim. Decision on the lawsuit filed by PT. Asaba Computer Center regarding default or broken promises made by PT. Eduspec Indonesia, consumers who have made purchase orders to business actors who have agreed on the agreement that has been made, as well as the total costs and payment terms to complete all payments that have been agreed upon in the agreement that has been made, but the consumer consciously does not carry out the agreement that has been made. agreed or broken promises regarding the agreement. So the East Jakarta district court issued a decision declaring a breach of contract or broken promise to consumers.
Penyelesaian Hukum terhadap Perbuatan Melawan Hukum pada Jasa Konstruksi di Indonesia Tri Vebri Yance
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.8.2.126-147

Abstract

The implementation of construction work is carried out based on a construction work contract that has been previously agreed upon. The implementation and supervision of construction work, as stated in Article 28 paragraph 1 of Government Regulation Number 29 of 2000 concerning the Implementation of Construction Services, include physical implementation, supervision, testing, and final handover of the work results. The final results of the work encompass the stages of work results, handover results, initial handover results, and final handover results, which must meet the criteria of cost efficiency, quality standards, and timely completion. Numerous cases arise in the final handover of construction work where the building fails to function, either wholly or partially, in terms of technical aspects, utility, safety, and occupational health, or public safety. These failures are often due to the fault of the Service Provider (Developer), referred to as Construction Work Failures and Building Failures. The purpose of this research is to analyze the legal resolution of unlawful acts in construction services in Indonesia and the legal consequences of resolving unlawful acts in construction services in Indonesia. The method employed is sociological legal research. Based on the research findings, the resolution of unlawful acts in construction services in Indonesia should hold the service providers or developers—whether individuals or legal entities—accountable for any construction work and building failures. Construction work and building failures are often associated with parties choosing measures to protect and safeguard their personnel involved rather than addressing the underlying issues. Natural conditions are frequently blamed for construction failures to cover up human negligence and carelessness, which should be held accountable. Disputes arising from construction work and building failures in a build-operate agreement between construction service providers and users can be resolved through formal processes, such as adjudication, including court proceedings and arbitration, or informal processes based on the agreement of the disputing parties through negotiation and mediation. The legal consequences of resolving unlawful acts in construction services in Indonesia indicate that losses incurred due to unlawful acts entitle the victims to demand compensation from the perpetrators through legal claims. Specifically, for unlawful acts resulting from construction failures, court rulings often oblige the responsible parties to compensate for the losses, either by restoring the damaged building or providing monetary compensation.
Politik Hukum dalam Reformasi Regulasi di Indonesia: (Antara Kepentingan Politik dan Kepentingan Elit) Budiman Basarah; Ulfia Hasanah
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.8.2.148-161

Abstract

Regulatory reform in Indonesia has become an important effort to simplify overlapping regulations and support economic growth. However, this policy is often questioned as to whether it prioritizes the interests of political and economic elites over the interests of the broader public. This article aims to analyze the role of legal politics in regulatory reform, focusing on how decision-making in policy formation is influenced by certain interests. The method used in this paper is a literature review and qualitative analysis of the existing legal political dynamics. The main findings indicate that legal politics often creates an imbalance between the interests of elites and the public, potentially undermining social justice in the regulatory process. Regulatory reforms aimed at accelerating economic development may, in fact, worsen social inequalities and strengthen the dominance of certain groups. The impact of this imbalance is the potential decline in social legitimacy of the policies enacted, as well as the emergence of distrust in the existing legal system. Therefore, it is crucial to consider aspects of social justice and transparency in every step of legal reform taken by the government to ensure that the policies generated can create inclusive and sustainable development.
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
Pelaksanaan Perjanjian Pengelolaan Pertanian Pada Masyarakat Adat Kampar Rahmat GM Manik; Hengki Firmanda; Meriza Elpa Darnia; Mumaddun Khaerudin Salami
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.8.2.176-191

Abstract

Agricultural land has a social function whose benefits are very helpful to improve the welfare of the community in order to realize social justice. Land exploitation agreements with production sharing are regulated in customary law based on an agreement between the landowner and the tenant farmer in return for the results agreed by both parties. In its development, the production sharing agreement is regulated through Law Number 2 of 1960 Concerning Production Sharing Agreements. In the Kampar Regency area, which has indigenous peoples and still upholds life based on customs or still maintains local wisdom. Access to agricultural management is an important aspect for indigenous peoples, especially for indigenous groups that are still dependent on natural resources. In managing agricultural land, indigenous peoples in Kampar Regency, one of which is carried out by cooperating in agricultural land management between fellow indigenous peoples. The urgency of this writing is to see the implementation of agricultural management agreements in indigenous peoples in Kampar Regency. The results of this study are that not all indigenous peoples carry out agricultural land management agreements, agricultural management agreements are carried out because the majority of the population works as farmers, but not all people have land for farming. Agreements are made in writing for agricultural management. Obstacles to the Implementation of profit- sharing agreements in the indigenous people of Kampar Regency include when implementing the Harvest, the cultivator does not share the results in accordance with the agreement. Discrepancies in understanding between indigenous peoples are cultivators and indigenous peoples as landowners. The lack of understanding of indigenous peoples regarding agricultural profit-sharing arrangements and tenurial conflicts that still occur in Kampar have also become obstacles in the implementation of agricultural land management agreements in Kampar indigenous peoples.
Eksistensi Pengadilan Perikanan dalam Mengadili Perkara Tindak Pidana Perikanan di Indonesia Irwandi Syahputra; Endri; Eki Darmawan; Heni Widiyani; Tike Murti Sari Dewi; Sebastian Alboen Sihombing
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.8.2.192-223

Abstract

As long as a fisheries court other than the fisheries court has not been established, criminal cases in the fisheries sector that occur outside the jurisdiction of the fisheries court will still be examined, tried and decided by the competent district court. Such provisions create a dualism in the legal regime, namely the legal regime of the district court and the regime fisheries court law. With the examination of criminal acts in the fisheries sector carried out by the fisheries courts and district courts, there is dualism and legal uncertainty in the handling of fisheries crimes. Several formal laws are specifically regulated in the Fisheries Law, namely the existence of Ad Hoc Judges, Trials without the Presence of the Defendant (In Absentia), Periods of Court Decisions, Determinations and Detention Periods by Judges and Registrars. Fisheries Courts that have been established have made a major contribution in law enforcement, all established fisheries courts have issued several decisions on fisheries cases. The implementation of administrative sanctions in the implementation of the Job Creation Law also affects the existence of fisheries courts in adjudicating fisheries criminal cases. For fisheries crimes committed in the ZEEI region by foreign vessels, the criminal sanctions contained in the Fisheries Law are still applie
Pendaftaran Tanah Sebagai Aset Pemerintah yang Dipergunakan untuk Sekolah (Studi Kasus MAN 2 Kota Padang Panjang) Allifa Amelia; Ferdi; Yussy Adelina Mannas
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.8.2.224-236

Abstract

The land for the MAN 2 School in Padang Panjang City as a Government Asset has not yet had all its land certificates registered. Based on this, the problem formulation in this thesis is How to acquire MAN 2 Padang Panjang City school land as a government asset (Ministry of Religion), How is the process of registering MAN 2 Padang Panjang City land as a government asset (Ministry of Religion). This type of research can be classified as empirical juridical research. The results of the research and discussion show that the acquisition of land for the MAN 2 Padang Panjang City School based on documentary evidence owned by Man 2 Padang Panjang City was through a Use Rights Agreement made in 1967 and some through a sale and purchase process. However, the next generation of land owners with the Right to Use did not recognize the letter so that the school could not use the letters as proof and the basis for rights and land registration originating from buying and selling did not have complete conditions so that the implementation of school land registration as a Government Aset (ministry of religion) at BPN Tanah Datar Regency.
Eksistensi Notaris pada Pendirian Perseroan Perorangan dalam Sistem Hukum Positif di Indonesia Mahanany Citraning Putri Sejati
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.8.2.237-268

Abstract

The purpose of this research is to analyze the legal certainty of the regulations regarding Individual Companies presented through the Job Creation Law and how the role of Notaries is missing in the process of establishing them. By using normative juridical research, this research is prescriptive, namely to answer legal issues by describing, examining, studying and explaining accurately and analyzing applicable laws and regulations as well as various opinions of legal experts, to obtain answers from issues raised. The research results show that; First, several regulations related to Individual Companies and their establishment do not yet provide legal certainty for the public. This is because the existence of the individual company legal entity has obscured the contractual principles that are applicable to limited liability companies. Thus, the existence of an Individual Company which is only established by 1 (one) person without an agreement is not under the principles that have been adhered to in the establishment of Limited Liability Companies. Second, a Notary does not have the authority to establish an Individual Company because this legal entity can be established with a Statement of Establishment made in Indonesian. However, suppose it is related to other Notary obligations. In that case, the Notary can still have a role as a legal advisor regarding the establishment of a Private Company if requested by the person concerned.

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