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Riau Law Journal
Published by Universitas Riau
ISSN : 25798669     EISSN : 25798693     DOI : 10.30652
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
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 160 Documents
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Hakikat Otonomi Daerah Yang Luas, Nyata Dan Bertanggung Jawab Dalam Perspektif Utilitarianisme Cynthia Hadita; Susi Dwi Harijanti
Riau Law Journal Vol. 6 No. 2 (2022)
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/rlj.6.2.198-211

Abstract

The problem that arises because the regions do not have absolute independence to take care of their own household affairs can be one of the factors that hinder Indonesia from becoming a welfare state through the progress of the regions. The problem of the essence of regional autonomy at the level of implementation of its system in the frame of the Unitary State of the Republic of Indonesia is still not in accordance with the nature of broad, real, and responsible regional autonomy so that this will also hinder the achievement of the greatest happines of the greatest number for as in the theory of utilitarianism in achieving the goal of the state to become a welfare state ). The research method used is normative juridical by taking a historical approach and legislation. The results showed that the urgency of implementing broad, real, and responsible regional autonomy is needed in the regional government system in order to meet regional needs with the essence of autonomy possessed in order to realize the greatest happiness of the regional community.
Penerapan Hukum Adat Dalam Penyelesaian Perkara Pidana Melalui Konsep Restorative Justice di Kabupaten Rokan Hulu Provinsi Riau Elmayanti; Mukhlis R
Riau Law Journal Vol. 6 No. 2 (2022)
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/rlj.6.2.212-230

Abstract

The restorative justice approach is a paradigm that is used as a framework for a criminal case handling strategy aimed at responding to dissatisfaction with the work of the current criminal justice system. Where the conventional criminal case settlement process is very complicated and takes a long time to arrive at a judge's decision, the litigants may not even necessarily get the justice or satisfaction they expect. Restorative justice is a concept of responding to the development of the criminal justice system by focusing on the need for community involvement and victims who feel excluded from the mechanisms that work in the current criminal justice system. The purpose of this study was to determine the application of customary law in the settlement of criminal cases through the concept of restorative justice in Cipang Kanan Village, Rokan IV Koto, Rokan Hulu Regency, Riau Province. This type of research is sociological and juridical, with an emphasis on field research; it is descriptive because it intends to describe the reality under study clearly and systematically. The community in Cipang Kanan Village always prioritizes deliberation in every activity, especially in matters relating to the resolution of disputes, so that every problem that occurs in the community always involves the role of traditional leaders in its resolution. This is a reflection of the custom that they have always implemented, where every dispute always uses peace efforts by mediation and is followed by customary sanctions that must be met by perpetrators who have violated customary provisions.
Pemenuhan Hak Memperoleh Pekerjaan Bagi Penyandang Disabilitas Berdasarkan Undang-Undang Nomor 8 Tahun 2016 tentang Penyandang Disab Delfina Gusman; Didi Nazmi; Yunita Syofyan
Riau Law Journal Vol. 6 No. 2 (2022)
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/rlj.6.2.231-245

Abstract

Human Rights (HAM) is a gift from God to his creatur human rights should not be kept away or separated from the personal existence of the individual or human being. Protection of persons with disabilities has 22 (twenty two) rights. This arrangement is regulated through Article 5 Law Number 8 Year 2016 regarding an elaboration of the rights that will be received for individuals with disabilities in carrying out the nature of their lives until they die. Persons with disabilities also have the right to work and get rewarded for their hard work and of course it has been regulated through the written constitution of the Republic of Indonesia. Without realizing it in almost all areas of life, people with disabilities are still discriminated against. There is even an assumption from some people that the affairs of people with disabilities are solely the business of the Social Service or the Ministry of Social Affairs. The research method uses empirical research with a statutory approach (statue approach) and an analytical approach (conceptual approach). The fulfillment of employment opportunities for people with disabilities shows that there is still a shortage due to the need for job providers, the quality of people with disabilities, and their still being selective in every job field on a micro basis. The city of Padang related to employment rights for persons with disabilities continues to strive to fulfill their work rights. In the legal construction of regulating employment rights for persons with disabilities, there must be a balance towards optimizing work through personnel from persons with disabilities. So that the fulfillment of the law both das sollen and das sein is accommodated appropriately
Penegakan Hukum Tindak Pidana Pencucian Uang dalam Pemulihan Ekonomi Pasca Pandemi Covid-19 Sukamarriko Andrikasmi
Riau Law Journal Vol. 6 No. 2 (2022)
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/rlj.6.2.246-264

Abstract

The disruption to the economy and health caused by Covid 19 is used as an opportunity for money laundering crimes, especially cases of money laundering crimes that are increasing. Covid-19 should be a moment to realize the weakness of the law so that it requires a system that provides a refresher in practice, because even during normal times law enforcement experiences obstacles. Legal reforms are needed in accordance with the needs and conditions both during the pandemic and endemic, including technological developments in law enforcement, Formation of government regulations in lieu of laws, Improving the quality and competence of law enforcement officers, Training, improving law enforcement education, Law discovery by judges, increasing community participation, and modernizing law enforcement. During the COVID-19 pandemic or post-pandemic, economic growth must be balanced with efforts to implement law enforcement. The combination of law enforcement and economic rescue must become a strong model of law enforcement together, to realize the ideals of a just, prosperous, and prosperous society, as well as the goals of law in society.
Model Perlindungan Hukum oleh Pusat Pelayanan Terpadu Pemberdayaan Perempuan dan Anak (P2TP2A) terhadap Perempuan dan Anak Korban Tindak Kekerasan di Sumatera Barat Efren Nova
Riau Law Journal Vol. 6 No. 2 (2022)
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/rlj.6.2.265-286

Abstract

Based on data from the West Sumatran Women's Conscience NGO, the number of violence against women and children in West Sumatra in the 4 (four) years is still very high. The research method used in this research is sociological juridical. Based on the results of research at the Integrated Service Center for the Empowerment of Women and Children at 5 (Five) Regencies/Cities in West Sumatra: the model of protection by P2TP2A for women and children victims of violence is through prevention efforts carried out through socializing the existence of P2TP2A, handling complaints services, rehabilitation services health services, social rehabilitation services, legal aid services and information data administration services, recovery is carried out through training training so that victims can become independent and social rehabilitation so that victims can socialize again into the community.
Kepastian Hukum Pembatalan Akta Notariil Menjadi Akta di Bawah Tangan Pada Perjanjian Kerjasama Arya Putra Rizal Pratama; Moch.Takim; Rifkah Romizah
Riau Law Journal Vol. 6 No. 2 (2022)
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/rlj.6.2.287-305

Abstract

Wiralogam Company with Citi9 Property Indonesia made an Operational Cooperation Agreement (KSO) for the development of the Tenaru 9 Project. Where in this agreement Wiralogam Company made a loan of IDR. 12.000.000.000,00 (two billion rupiah) to Citi9 Property Company Indonesia through the Notarial Deed of Agreement. However, there was a legal dispute where the owner of Wiralogam without the knowledge of the occurrence of retroactive notarial deed becomes under the hand. This resulted in alleged losses in which Wiralogam Company borrowed money with collateral in the form of land and shop houses covering an area of 20,450m2 (square) and it was as if the cancellation of the cooperation agreement was under the pretext of PT. Wiralogam failed to repay the debt based on what was agreed. This study uses legal research methodswitha statutory approach (status approach), conceptual approach (conceptual approach), and case approach (case approach). The results of this study explain that the application of the agreement under the hands and the date back without the knowledge of Wiralogam Company is an unlawful act on a contract which is contrary to the freedom to contract based on good faith as regulated in Article 1338 paragraph (3) BW. However, the legal protection that must be carried out by PT. Wiralogam as the aggrieved party is to unilaterally cancel through the court on the basis of fundamental losses. Therefore, after the cancellation, a lawsuit against the law must be carried out on the contract as well as abuse of circumstances based on defects of will and deception on the basis of Article 1321 BW
Analisis Normatif terhadap Dampak Pukat Harimau bagi Kelestarian Lingkungan SEPAREN; LESTARI, RIKA; FIRDAUS, EMILDA; SUDARSO, YOS
Riau Law Journal Vol. 9 No. 1 (2025): Riau Law Journal
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/rlj.9.1.28-40

Abstract

Large nets pulled on the seabed with the help of ships that function to catch fish in large quantities, but trawl nets hurt the sustainability of marine ecosystems, especially coral reefs. This study is a type of normative research. Data were obtained from laws and regulations and literature related to the object of research. The data obtained were analyzed using qualitative descriptive methods. The results of the study showed that Law No. 45 of 2009 concerning Fisheries has normatively prohibited the use of trawls; sanctions for fishermen who use trawls can be in the form of administrative sanctions, criminal sanctions, and fines. Likewise, the Regulation of the Minister of Marine Affairs and Fisheries Number 2 / PERMEN-KP / 2015 regulates the subject of the prohibition of the use of trawls because of the many losses caused by the use of trawls (trawl nets), namely damage to coral reefs, non-selective fishing, affecting fish populations, disruption of marine ecosystem habitats, increasing marine pollution, and shrinking marine natural resources. So, it is necessary to pay attention to ethical norms and the principle of legal justice in utilizing resources, especially fish, so as not to damage the marine ecosystem.
Implementasi Perda Nomor 2 Tahun 2022 Terhadap Pengamen Badut Di Rokan Hulu AMELYA, SISKA; KARMILIA, RISE; NORA NST, ELFI; AULIA, SINDI; HENDRI; NOFRIZAL
Riau Law Journal Vol. 9 No. 1 (2025): Riau Law Journal
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/rlj.9.1.%p

Abstract

This study aims to analyze the implementation of Rokan Hulu Regency Regional Regulation Number 2 of 2022 concerning Public Order, especially regarding the presence of clown buskers at traffic light intersections. The phenomenon of clown buskers that is rampant in urban areas of Rokan Hulu is considered to disturb public order and endanger the safety of road users, so it has become a concern for the local government. This study uses a qualitative approach with a descriptive method. Data collection techniques were carried out through in-depth interviews with Satpol PP officers, clown buskers, and the local community, as well as documentation of related policies. The results of the study show that the implementation of the Regional Regulation has not been optimal. The obstacles faced include limited human resources in the regional regulation enforcement officers, less than optimal socialization to the community, and economic factors that encourage clown busking activities to continue. In addition, there are no alternative solutions from the government for buskers to switch professions properly. In conclusion, although normatively Regional Regulation Number 2 of 2022 has regulated the prohibition of activities that disturb public order, its implementation still requires strengthening in the aspects of supervision, enforcement, and social empowerment. The recommendation from this study is the need for synergy between local governments, law enforcement officers, and social institutions in controlling clown buskers while providing sustainable economic solutions.
The Effectiveness of the Implementation of Administrative Sanctions in Consumer Dispute Resolution in the E-Commerce Era under the Consumer Protection Law Umar, Nurifana; Pujayanti, Luh Putu Vera Astri; Sabir, Muhammad; Kairuddin; Kasim, Aksah
Riau Law Journal Vol. 9 No. 1 (2025): Riau Law Journal
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/rlj.9.1.73-87

Abstract

The evolution of e-commerce due to digital transformation has introduced new issues in consumer protection, particularly concerning the efficacy of administrative penalties against digital enterprises. The primary issue in this study pertains to the ineffectiveness of administrative sanctions as stipulated in Law Number 8 of 1999 regarding Consumer Protection (UUPK), which remains anchored in the conventional transaction paradigm and has not adequately addressed cross-border and anonymous e-commerce practices. The objective of this research is to conduct a legal analysis of the efficacy of examine administrative punishments within the digital consumer protection framework, highlight normative and institutional obstacles to its execution, and propose alternative legislative changes for responsiveness. The methodology used is normative legal research using a regulatory and conceptual framework, supplemented by a study of secondary literature. The study's findings suggest the need to revise legislative regulations and enhance institutions by creating a digital oversight authority and developing a technology-driven integrated supervisory system. This change is crucial for guaranteeing legal stability and robust protection for consumers in the digital commerce age.
Analogi Hukum Harta Bersama Perkawinan Islam Dengan Konsep Ekonomi Islam (Syirkah) Mumaddun Khaerudin Salami; Meriza Elpha Darnia; Tike Murti Sari Dewi
Riau Law Journal Vol. 9 No. 1 (2025): Riau Law Journal
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/rlj.9.1.58-72

Abstract

Marriage is one of the rights of every person; the right to marry is protected by the 1945 Constitution of the Republic of Indonesia, article 28B paragraph 1. Meanwhile, marriage according to Islamic law is a commandment of Allah and the sunnah of the Prophet Muhammad. The marriage contract in marriage aims to unite two people in a sacred bond that has the value of worship. However, even though it is bound by the marriage contract, it does not immediately unite the assets of both parties, assets obtained before marriages remain the personal property of each party. Meanwhile, regarding assets obtained during marriage or joint assets as explained in Law Number 1 of 1974 concerning marriage. Islam does not recognize the concept of joint assets, and then the concept of joint assets was formulated by the government and scholars in Indonesia as written in the Compilation of Islamic Law (KHI) allowing the implementation of joint assets by equating the legal issues with the concept of "syirkah" which was previously only known in Islamic economics. The purpose of this writing is to understand and analyze how the concept of "syirkah" can be used in cases of joint assets in Islamic marriages. The method used in this study is a descriptive normative method. The normative approach is legal research that uses secondary data sources, while the descriptive approach is a research method that attempts to describe and interpret conditions according to what they are.

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