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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Articles 137 Documents
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Search results for , issue "Vol 10, No 1 (2023): Januari - Juni 2023" : 137 Documents clear
IMPLEMENTASI PEMBUATAN SUMUR RESAPAN BERDASARKAN PERATURAN DAERAH KOTA PEKANBARU NOMOR 10 TAHUN 2006 TENTANG SUMBER DAYA AIR DAN SUMUR RESAPAN DI KELURAHAN TANGKERANG LABUAI KOTA PEKANBARU Rahmat Sentosa Daeli; Mexsasai Indra; Rika Lestari
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Pekanbaru City Regional Regulation Number 10 of 2006 concerning Water Resourcesand Infiltration Wells Article 19 paragraph (1) stipulates "Every applicant for a Building Permitis required to plan and construct infiltration wells. Making infiltration wells is the developer'sobligation in housing areas in Tangkerang Labuai Village, but based on facts on the ground, 20housing estates in Tangkerang Labuai Village do not build infiltration wells. The purpose of thisresearch is to find out; first, Implementation of Infiltration Well Development Based onPekanbaru City Regional Regulation Number 10 of 2006 concerning Water Resources andInfiltration Wells in Tangkerang Labuai Village, Pekanbaru City, second, inhibiting factors forImplementation of Infiltration Well Development Based on Pekanbaru City Regional RegulationNumber 10 of 2006 concerning Water Resources and Infiltration Wells in Tangkerang LabuaiVillage, Pekanbaru City, thirdly, efforts to maximize the implementation of making infiltrationwells based on Pekanbaru City Regulation Number 10 of 2006 concerning Water Resources andInfiltration Wells in Tangkerang Labuai Village, Pekanbaru City.The type of legal research used by the author is sociological legal research. In thissociological study the authors took primary data and secondary data with the population andsamples, namely the Office of Investment and One Stop Integrated Services (DPMPTSP)Pekanbaru City, Public Works and Spatial Planning (PUPR) Pekanbaru City, HousingDevelopers in Tangkerang Labuai Village, Practitioners Pekanbaru City Planning, Secretary ofthe Lurah of Tangkerang Labuai Village, Head of RW in Tangkerang Labuai Village andresidents of housing in Tangkerang Labuai Village.Based on the results of this study, it can be concluded that the Implementation of MakingInfiltration Wells Based on Pekanbaru City Regulation Number 10 of 2006 concerning WaterResources and Infiltration Wells in Tangkerang Labuai Village, Pekanbaru City does not work atall. This is because the relevant Regional Apparatus Organizations (OPD) have not implementedthe Perda a quo properly and law enforcement against permit applicants who do not buildinfiltration wells is not carried out and the monitoring process is not carried out properly.Keywords: Implementation-Infiltration Wells-Regional Regulations-Building Permit (IMB)
ANALISIS YURIDIS PUTUSAN BAWASLU NOMOR 02/REG/L/TSM- PW/08.00/XII/2020 TENTANG DISKUALIFIKASI TERHADAP PEMENANG PEMILIHAN KEPALA DAERAH KOTA BANDAR LAMPUNG Bunga Salsabila; Dessy Artina; Junaidi Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Indonesia is a constitutional state that adheres to democracy and a system ofgovernment based on people's sovereignty. The most substantial understanding of democracyis general election (election). Elections are a means to elect people's representatives who willcontrol the wheels of government. Elections are held by the General Election Commission(KPU). KPU is domiciled at the center or in the regions. The KPU at the regional level istasked with holding elections at the regional level, one of which is the Regional Head Election(Pilkada). So far, the Pilkada implementation has been inseparable from the obstacles andchallenges that have occurred. Starting from the implementation, as well as violationscommitted by the candidates themselves. So that maximum supervision and monitoring isneeded by Bawaslu. One of the Pilkada problems that occurred in Bandar Lampung City,Lampung Bawaslu stated that Candidate Pair serial number 03, Eva Dwiana-DeddyAmarullah had been proven to have violated the Structured, Systematic, MassiveAdministration (TSM) in the 2020 Bandar Lampung Pilkada, so that this pair was canceledfrom participating in the Bandar Lampung Pilkada.This research belongs to the normative juridical, namely research conducted byexamining secondary legal materials or research based on standard rules that have beenrecorded and discusses legal principles and synchronization. The data sources used areprimary data, secondary data and tertiary data with library research data collectiontechniques.The research results obtained, should The Supreme Court as the first legal remedy inmaking a decision must review the legality of letters or policies issued by KPU BandarLampung and be considered by judges in canceling election results, because they canendanger democracy and damage the morality of voters in Bandar Lampung City in thefuture. Then for the Arrangement of Bawaslu Authority in receiving violations of TSMreportsthere must be a systemreinforcement of the Bawaslu with the actions of the Bawaslu indeciding a dispute the process is final. This is done in order to maximize the implementationof authorityquasi-judicial, in the form of an adjudication function so that Bawaslu can decideon election administration violations, decide on money politics violations, and electionprocess disputes without further appeals.Keywords: Election, Bawaslu, Pilkada
PENYELESAIAN SENGKETA BATAS TANAH ULAYAT ANTARA NAGARI CANDUANG KOTO LAWEH KECAMATAN CANDUANG DENGAN NAGARI KOTO TINGGI KECAMATAN BASO KABUPATEN AGAM Risa Irfaneni; Hayatul Ismi; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The problem of land disputes that often occur is due to the absence ofclear land boundaries and the non-fulfillment of the rights of indigenous peoples.The purpose of this thesis writer: First, to find out the causes of the communalland boundary dispute between Nagari Canduang Koto Laweh, CanduangDistrict, and Nagari Koto Tinggi, Baso District, Agam Regency. Second, to findout the settlement of communal land boundary disputes between NagariCanduang Koto Laweh, Canduang District, and Nagari Koto Tinggi, BasoDistrict, Agam Regency.This research is classified as a sociological research type, because theauthor directly conducts research on the locations or points examined to providea complete and clear picture of the problems examined. This research wasconducted in Nagari Canduang Koto Laweh, Canduang District and Nagari KotoTinggi, Baso District, Agam Regency, while the sample population was all partiesrelated to the problems studied in this study, data sources used, primary data andsecondary data, data collection techniques in this study by interviewing literaturereview and data analysis.From the research, there are two things that can be concluded. First, thefactors causing the dispute over customary land boundaries between NagariCanduang Koto Laweh and Nagari Koto Tinggi are unclear land boundariesbetween nagari. Disputes over customary land boundaries also occur due to non-fulfillment of the rights of indigenous peoples. Second, efforts to resolve landboundary disputes between Nagari Canduang Koto Laweh and Nagari KotoTinggi are customary, namely through deliberations, discussing about 7 times thepoint of boundary of Nagari land, but there is no result. Settlement of landboundary disputes is handed over to a third party, namely the Agam RegionalGovernment The author's suggestion, to both parties, namely Nagari Koto Tinggiand Nagari Canduang Koto Laweh, should better understand the benchmarkboundaries that have existed from the time of their ancestors to safeguard therights of indigenous peoples within them and to the Pemda Agam as a third partythat mediates disputes over the nagari boundaries in order to provide legalcertainty and protect the rights of indigenous peoples.Keywords: Land Boundary Dispute – ADR
IMPLEMENTASI PERATURAN DAERAH PROVINSIRIAU NOMOR 5 TAHUN 2018 TENTANG PENYELENGGARAAN PENDIDIKAN DALAM HAL PEMENUHAN HAK ANAK AKAN PENDIDIKAN DI KOTA PEKANBARU Irni Susanti; Emilda Firdaus; Zulwisman Zulwisman
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Education is a conscious and planned knowledge transfer process to change humanbehavior and mature humans through the teaching process in the form of formal, non-formal, andinformal education.The main problem in this research is how is the implementation of Riau ProvinceRegional Regulation Number 5 of 2018 concerning the Implementation of Education in terms offulfilling children's rights to education in Pekanbaru City, what are the inhibiting factors for theimplementation of Riau Province Regional Regulation Number 5 of 2018 concerning EducationImplementation in terms of fulfillment children's rights to education in Pekanbaru City and whatare the government's efforts in terms of fulfilling children's rights to education based on RiauProvince Regional Regulation Number 5 of 2018 concerning the Implementation of Education inPekanbaru City.The research method used is Sociological Legal Research, namely interviews andobsevations as a data collection tool.Based on the results of the study, it is known that the implementation of the RiauProvince Regional Regulation Number 5 of 2018 concerning the implementation of education interms of fulfilling children's rights to education in Pekanbaru City has not been carried outproperly due to several things, namely improving the quality of education which is still lesseffective, education units that have not been able to Cooperating and partnering with relatedparties in accordance with the laws and regulations. Government spending on education is theamount of government spending on education (including salaries) which is allocated at least 20%of the State Budget (APBN) for the education sector. The inhibiting factors for the implementationof the Riau Province Regional Regulation Number 5 of 2018 concerning the implementation ofeducation in terms of fulfilling children's rights to education in Pekanbaru City are first, theunavailability of adequate educational facilities and infrastructure to accommodate all student.second, there are policies issued by the state, in this case the central and regional governments,which are allegedly not fully open to equal opportunities for all people to obtain education in anopen, equitable and fair manner. The government's efforts in terms of fulfilling children's rights toeducation are based on the Riau Province Regional Regulation Number 5 of 2018 concerning theimplementation of education in Pekanbaru City, namely primarily improving the quality ofeducation in terms of the Implementation of the Compulsory Education Program as referred to inparagraph (1) The Regional Government is obliged to establish a compulsory education pilot. 12(twelve) years, covering 9 (nine) years of compulsory education for basic education and 3 (three)years of compulsory education in secondary education, ensuring that every child has theopportunity to learn from basic education to secondary education as well as providing tuitionassistance costs at the secondary level. primary and secondary education in accordance with theregional financial capacity in accordance with the Riau Province Regional Regulation Number 5of the Year 2018 concerning the Implementation of Education, namely Article 42 Paragraph (2).Keywords: Implementation, Implementation of Education, Children's Right to Education
ERLINDUNGAN HUKUM TERHADAP PEKERJA PENYINTAS COVID-19 ATAS PEMOTONGAN UPAH OLEH PERUSAHAAN SELAMA MENJALANI ISOLASI MANDIRI Raudatul Adawiyah Nasution; Hayatul Ismi; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Implementation of legal protection for wages of workers/laborers in employmentrelations is urgently needed, bearing in mind that the socio-economic position ofworkers/laborers is very weak, especially during the Covid 19 pandemic. Manycompanies have ignored workers' rights, including the fulfillment of wages whileundergoing self-isolation which means workers are in the process of healing whose rightsare protected under the provisions of Article 40 of Government Regulation Number 36 of2021 concerning Wages which mandates that every worker/laborer who does not workdue to illness, his wages are still paid in full.This research is classified as a sociological research type, because it directlyconducts research on the locations or points examined to provide a complete and clearpicture of the problems examined. This research was conducted in Pekanbaru City withsources from the Riau Province Manpower and Transmigration Office, while the samplepopulation was Covid-19 survivors who experienced wage deductions while undergoingindependent isolation. Sources of data used, primary data and secondary data, datacollection techniques in this study by interviews, literature review, and data analysis.The results of this study are as follows: First, that the implementation of legalprotection against wage deductions experienced by workers who are survivors of Covid19byemployersinseveralcasesinPekanbaruhasnotbeenfulfilledinaccordancewiththeprovisions of Article 40 of Government Regulation Number 36 of 2021 concerningWages. In practice, 8 out of 21 employers have deducted survivor workers' wages fromthe basic wages, because workers undergo independent isolation for 15 days. Second,efforts to resolve disputes between workers and employers can be carried out throughbipartite negotiations. If viewed from the concept of dispute resolution theory,negotiations must proceed equally, must not proceed as normal internal negotiations bynot considering the condition of workers who experience illness. It is necessary to beaware that employers/employers and workers in implementing work agreements must bein accordance with legal protection based on Article 40 of the Government Regulation onWages which mandates that every worker/laborer who is not working due to illness, hiswages must still be paid in full and understand the concept of dispute resolution and thebipartite negotiation mechanism in accordance with the provisions of Article 6 of LawNumber 2 of 2004 concerning the Settlement of Industrial Relations Disputes also inorder to produce mutually beneficial agreements for both parties, in particular workersmust join a trade union.
Tanggung Jawab Majikan Mengenai Hak Pembantu Rumah Tangga Berdasarkan Peraturan Menteri Ketenagakerjaan Repubik Indonesia Nomor 2 Tahun 2015 Tentang Perlindungan Pekerja Rumah Tangga Di Kota Pekanbaru Muhammad Rizki Kurnia; Firdaus Firdaus; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The low level of community education means that they can only work in jobs that suit theirabilities. Housework is one option that is quite easy for them to do. This is because householdchores are like the work they do everyday when they are at home. Legal protection forworkers/laborers is carried out so that the rights of workers/laborers are not violated by theirusers, bearing in mind that in a working relationship, the positions of the parties are not equal.Where workers/laborers are in a weak position both economically and socially, so that with thisweak position it is not uncommon for their rights to be violated. The existence of domestic workersin the workplace, without legal protection, without supervision from the authorities, without jobdescriptions, without regulations on working hours, without minimum wages, and without days off.This is an unfavorable condition for domestic workers. The purpose of writing this thesis is to findout the protection of housemaids, to find out the rights that are violated, and to find out whatresponsibilities are given by the users of housemaids regarding the rights that are violated.The type of research in this paper is sociological legal research, namely research on lawobserving what are the characteristics of a community's behavior in an area in an aspect of sociallife.From the research results, there are three main things that can be concluded. First, the rights thatare violated are: information about users of housemaids is not explained to housemaids, there isbad treatment from users of housemaids and their family members to housemaids, do not getwages in accordance with the work agreement, do not get food, do not get leave rights, and getadditional work outside of work as a domestic helper. Second, the responsibility given is to preventmistakes from happening, not to make the same mistakes, and to be responsible for the actions thathave been committed. Third, the protection of housemaids is divided into three, namely protectionof housemaids in law, protection provided by users of housemaids, and protection provided bydistributors of housemaids.Keywords: Legal Protection, Responsibility, Domestic Helpers
PENYELESAIAN SENGKETA DALAM PERJANJIAN PINJAM PAKAI TANAH BERDASARKAN HUKUM PERDATA (Studi Kasus Kampung Dayun Siak) Hafiiz Adri Junyes; Rika Lestari; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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This study aims to determine the implementation of the Lend-UseAgreement between the first party and the second party, and efforts to resolvedisputes in the Lend-Use Agreement between the first party and the second partybased on civil law. This research is useful theoretically and practically. The typeof research is sociological juridical law research. Based on the results of the study,it was shown that the implementation of the Lend-Use Agreement between theFirst Party and the Second Party was carried out verbally with the object of theagreement being foodcrop land. In the agreement, it was agreed that the mainprovisions were that the Second Party was only allowed to plant foodcrops. Theagreement that has been made above has explained the existence of the partiesrelated to the rights and obligations of each party, on that basis the agreement thathas been made between the two parties has fulfilled the legal requirements of theagreement as stipulated in Article 1320 of the Indonesian Civil Code. However, inits implementation, the Second Party does not follow the agreement that has beenmade, resulting in a default. The settlement of disputes between the first party andthe second party in the Lend-Use Agreement in Berumbung Baru Village, DayunDistrict, Siak Regency has been carried out through non-litigation and litigation.However, these efforts could not solve the problem. The inhibiting factors forresolving land-borrowing disputes through mediation and litigation are notresolved because there is no goodwill from the Second Party, and this causes theproblems that have occurred to date have not been resolved.Keywords: Dispute - Agreement - Lend Use Agreement - Private Law
PENERAPAN PASAL 2 AYAT (2) UNDANG-UNDANG NOMOR 20 TAHUN 2001 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 31 TAHUN 1999 TENTANG PEMBERANTASAN TINDAK PIDANA KORUPSI TERHADAP PELAKU TINDAK PIDANA KORUPSI BANTUAN BENCANA Dobi Umbara; Evi Deliana; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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In essence, corruption can damage the structure of government, and become amajor obstacle to the running of government and development in general. One of thecauses of non-optimal development is the practice of corruption, because corruptionaffects the investment climate, economic growth and increases people's income. InIndonesia, the perpetrators of criminal acts of corruption at a certain period can besentenced to death by a judge. However, none of the perpetrators of the CorruptionCrime of disaster relief funds have been sentenced to a death penalty in accordancewith the Corruption Crime Act, in the conditions of the Covid-19 Pandemic, they havefulfilled the elements under certain conditions. The objectives of this research are:first, to find out the application of Article 2 paragraph (2) of Law Number 20 of 2001concerning amendments to Law Number 31 of 1999 concerning the Crime ofCorruption against the perpetrators of Corruption Crime of Disaster Assistance,second, to know that the judge's consideration is not applied Article 2 paragraph (2)of Law Number 20 of 2001 concerning amendments to Law Number 31 of 1999concerning criminal acts of corruption against perpetrators of corruption in disasterassistance.The author conducts research using normative juridical methods or literaturestudies in order to obtain secondary data through documentary studies, namely bystudying and analyzing comparatively deductively against laws and regulations withtheories that have a relationship with the problems studied.From the results of the research, there are two main problems: first, how is theapplication of Article 2 paragraph (2) of Law Number 20 of 2001 concerningamendments to Law Number 31 of 1999 concerning Corruption Crimes againstCorruption Criminal Act perpetrators of Disaster Assistance, second, 2 What is thejudge's consideration not to apply Article 2 paragraph (2) of Law Number 20 of 2001concerning amendments to Law Number 31 of 1999 concerning criminal acts ofcorruption against perpetrators of corruption in disaster assistance. The author'ssuggestion from the results of this study, it is hoped that the judge can implement theapplicable Constitution, which has regulated the death penalty, which can be imposedat a certain time, in which case the Covid19 pandemic conditions have met theelements of certain conditions. It is hoped that the Judge in considering a decision inaccordance with the crime committed so that justice always exists in this country.Keywords: Corruption of Covid19 Pandemic Aid Funds
ANALISIS YURIDIS PENGGABUNGAN PEMIDANAAN TINDAK PIDANA LINGKUNGAN HIDUP DAN TINDAK PIDANA PENCUCIAN UANG BERDASARKAN STUDI PUTUSAN NOMOR : 71 /Pid.sus/LH/2018/PN.PLW DAN PUTUSAN NOMOR : 38/Pid.sus/LH/2018/PN.Pbr Miftah Farhan Sitorus; Erdianto Erdianto; Tengku Arif Hidayat
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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The convict M. Ali Honopiah received two court decisions that occurred inthe case in Decision Number: 71/Pid.Sus/Lh/2018/Pn Plw and Decision Number:38/Pid.Sus-TPK/2018/PN.Pbr ., So that the convict commits several criminal acts atonce, namely the Commerce and Transport of Protected Animals and the Crime ofMoney Laundering. From the two decisions above, that the convict committed severalcriminal acts at different times so that the two decisions were not in accordance withArticle 65 of the Criminal Code.The purpose of writing this thesis, namely: First, to find out the juridicalperspective on the merger of Environmental Crimes and Money Laundering, theStudy of Decision Number 71/Pid.Sus/Lh/2018/Pn Plw and Decision Number38/Pid.sus/LH/ 2018/Pn.Pb. Second, to find out the application of the merger ofEnvironmental Crimes and Money Laundering, the Study of Decision Number71/Pid.Sus/Lh/2018/Pn Plw and Decision Number 38/Pid.sus/LH/2018/Pn.pbr.This type of research can be classified into normative research. The datasources used are primary data and secondary dataFrom the results of the study that in the decision on environmental crimes andmoney laundering crimes committed by M Ali Honopiah. In this case, the PublicProsecutor (JPU) stated that M. ALI HONOPIAH has been legally proven and guiltyof committing the crime of money laundering. because the elements of a criminaloffense in the Primary indictment have been fulfilled in themselves and the actions ofthe Defendant. So that the decision has not used Article 65 regarding the merging ofpunishmentsKeywords: COMMERCIAL CRIMINAL ACTS OF ENVIRONMENTAL CRIMINALACTS OF MONEY LAUNDERING
POLITIK HUKUM PEMBENTUKAN PERATURAN DAERAH KOTA PEKANBARU NOMOR 10 TAHUN 2021 TENTANG FASILITASI PENCEGAHAN, PEMBERANTASAN PENYALAHGUNAAN DAN PERDERAN GELAP NARKOTIKA (P4GN) Luthfialdo Mu’ayyadi; Gusliana HB; Sukamarriko Andrikasmi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
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Drug crime is an International crime, organized crime, has an extensive network,has large financial support and already uses advanced technology. This study aims to findout how the legal policy of the establishment of Regional Regulation Number 10 of 2021concerning Facilitation of Prevention, Eradication of Abuse, and Illicit Circulation ofNarcotics. The formulation of the proposed problem is how legal politics and legal policieswill be in the future in Pekanbaru City Regional Regulation Number 10 of 2021 concerningFacilitation of Prevention, Eradication of Abuse, Illicit Circulation of Narcotics from thepolitical aspect of law.The research used is normative legal research that uses library legal research. Theresults of this study show that in the process of forming regional regulations, there arecertainly reasons, this is in consideration of the formation of Regional Regulations on thePrevention, Eradication of Abuse, and Illicit Circulation can be seen from philosophical,juridical, and sociological foundations. In a formation of a regulation, there must be a namefor addition or commonly referred to as Ius Contiuendum which means a rule or policy thatwill be aspired to, in Pekanbaru City Regional Regulation Number 10 of 2021 concerningFacilitation of Prevention, Eradication of Abuse, and Illicit Circulation of Narcotics, thereneeds to be a legal policy in the future in order to facilitate the prevention, eradication ofabuse, and illicit circulation of narcotics In other words, there is a Rules that need to beadded such as the existence of legal protections for the community to exercise their rights orwhere present in the judicial process, then there is a need to add related rules that explainthe supervision of the circulation of narcotics through food.The suggestion proposed by the author is that it is hoped that the government,especially the pekanbaru city regional government as part of the control of a country andthe originator of policies through legal politics that are carried out should be able to betterdetail the things produced, especially in the legal products produced. So that the policies tobe set can be accepted by the community and become the right solution to problems insociety.Keywords: Legal Politics- Regional Regulation Number 10 of 2021-Formation and IusContuendum

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