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PELAKSANAAN PERATURAN MAHKAMAH AGUNG NOMOR 4 TAHUN 2019 TENTANG PERUBAHAN ATAS PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2015 TENTANG TATA CARA PENYELESAIAN GUGATAN SEDERHANA DI PENGADILAN NEGERI PEKANBARU Arifin, Rizki Haidir; Bachtiar, Maryati; Darnia, Meriza Elpha
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Supreme Court Regulation Number 4 2019 the change of Supreme Court Regulation Number 22015 about Small Claim Court Implementation Procedure regulate about small claim court mechanismfrom the case received by court until the call for the defendant to implement the decision or called byaanmaning, in the case number 37/pdt.g.s/2021/PN.Pbr and 27/pdt.g.s/2023/PN.Pbr there few thingsthat couldn’t applicated according to the regulation, there is the maximal time to finish the lawsuit andthe maximal time to determine aanmaning, the purpose of this research is to know how theimplementation and the obstacle of Supreme Court Regulation Number 4 2019 the change of SupremeCourt Regulation Number 2 2015 about Small Claim Court implementation procedure in PekanbaruDistrict court.Type of research used is empirical research and is supported by literature studies, the authordirectly conducted research on the location to provide a clear picture of the problem being studied. Thisresearch was conducted at the Pekanbaru District Court, the sample population in this study was Mr.Jon Kenedi as representative of the plaintiff's attorney, Mr. Boyke Amri as representative of thedefendant's attorney, Mr. Salomo Ginting and Mr. Sugeng Harsoyo as Judge of the Pekanbaru DistrictCourt, Mr. Sutanto as Registrar of the Pekanbaru District Court, data sources used, primary data andsecondary data, data collection techniques in this research using interviews, literature review and dataanalysisThe results of research on problems regarding the implementation of Supreme Court Regulation4 of 2019 can be concluded that the implementation of Supreme Court Regulation Number 4 of 2019 atthe Pekanbaru District Court has actually reduce the accumulatiion case, there are several provisionsthat have not been implemented in accordance with the Supreme Court Regulation which is caused by anumber of internal inhibiting factors. namely limited time and external, namely the absence of the partiesat the first hearing. Therefore the judges as the implement of the regulation need to know what is theobstacle of the implementation Supreme Court Regulation in Pekanbaru District Court to solve theunsuitable application of Supreme Court Regulation, and the party who involved in the determine ofaanmaning should pay attention to more details regarding the timing of the aanmaning determinationand the purpose formed of Supreme Court Regulation Number 4 2019 The Change of Supreme CourtRegulation Number 2 2015 about Small Claim Court Implementation Procedure can be achieved.Keywords: Small Claim Court-Supreme Court Regulation-Implementation.

HUKUM TINDAK PIDANA PENCURIAN DATA PRIBADI ANTARA HUKUM INDONESIA DAN HUKUM MALAYSIA Ummah, Kuntum Khaira; Jayakusuma, Zulfikar; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Theft of personal data or Personal Data Theft is a crime to steal information, money, or somethingthat has value, where profit is the perpetrator's motivation. In fact, a person's personal data must receivelegal protection. This theft of personal data is very detrimental to society and includes a violation ofsomeone's privacy. Indonesia and Malaysia are two countries that have ratified the personal dataprotection law. Indonesia, which adheres to a civil law legal system, regulates the protection of personaldata through Law Number 27 of 2022 concerning Personal Data Protection, although it has regulated theprotection of personal data in Indonesia, the potential for violations of the right to privacy over personaldata not only exists in online activities but also offline activities. Potential privacy violations in masspersonal data collection activities (digital dossier), direct marketing (direct selling), social media,implementation of e-KTP programs, implementation of e-health programs and cloud computing activities.The aim of this research is first: To find out how the criminal law for theft of personal data comparesbetween Indonesian law and Malaysian law. Second: To find out what the concept of legal protection forcriminal acts of theft of personal data will be in the future. This type of research is normative juridicalresearch with a comparative legal method, which means finding the truth of coherence, namely whetherthere are legal rules in accordance with legal norms and whether there are norms in the form of orders orprohibitions in accordance with legal principles and whether a person's actions are in accordance withlegal norms (not just in accordance with legal rules) or legal principles.The results of this research are that the criminal law for theft of personal data between Indonesianlaw and Malaysian law has similarities and differences in several aspects, such as regulations related topersonal data theft, authorized institutions, and the advantages and disadvantages of each country. Thesimilarities between Indonesian law and Malaysian law can be seen in the principles of personal dataprotection and the rights of data subjects regulated in laws or regulations relating to the theft of personaldata and the concept of legal protection for criminal acts of theft of personal data in Indonesia in the future.This can be seen from two aspects, namely the substantial aspect and the structural aspect.Keywords: Comparative Law-Crime Theft of Personal Data-Indonesia-Malaysia

IMPLEMENTASI PASAL 36 PERATURAN PEMERINTAH NOMOR 36 TAHUN 2021 TENTANG PENGUPAHAN TERHADAP PEKERJA USAHA MIKRO KECIL DAN MENENGAH DI KECAMATAN TUAH MADANI KOTA PEKANBARU Farhan, M; Firdaus, Emilda; Junaidi, Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Micro, Small, and Medium Enterprises (UMKM) are business units thathave independent productive activities, and can be run by individuals or businessentities, which operate in various economic sectors. operate in various economicsectors. Speaking of labor issues, wage issues remain a major concern inIndonesia as a developing country. The law regarding minimum wage regulationis Government Regulation Number 36 of 2021 concerning Wages. Article 6paragraph (1) of this regulation explains that the policy on minimum wage aimsto ensure that workers/laborers receive sufficient income to meet their livingneeds. Further details regarding this arrangement can be found in Chapter VI ofGovernment Regulation No. 36 of 2021 Article 36 on the Lowest Wage in Microand Small Enterprises which states that the wage is at least 50% of the averagecommunity consumption at the provincial level. However, there are still UMKMworkers who receive wages below the regulated standard.This research is a sociological legal research, namely research thatlooks at the relationship between law and society with the gap between the lawthat should and the law that actually occurs. The research was conducted at theManpower Office of Pekanbaru City and at the Manpower and TransmigrationOffice of Riau Province. This research also contains questionnaires distributed toworkers and employers in Pekanbaru City. Data collection techniques throughinterviews, questionnaires and literature review.From the results of the research that has been conducted, theimplementation has not been maximized. This is because the relevant agenciesmove only based on reports or complaints that are obtained. Factors that causeless than optimal implementation are the lack of human resources or members toinspect throughout Riau Province and the lack of facilities and infrastructureobtained from the government. Efforts made by related agencies if they get areport, namely by providing guidance, supervision and action to the reportedparty.Keyword : Wage, Labor, UMKM.

TINJAUAN TENTANG PENETAPAN HAK ASUH ANAK DI BAWAH UMUR KEPADA AYAH AKIBAT PERCERAIAN DI PENGADILAN AGAMA PEKANBARU Syaivanti, Sonia Putri; Lestari, Rika; Darnia, Meriza Elpha
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Marriages can break up due to death, divorce, and court decisions. The most commoncause of legal problems that should be given an alternative solutions is the breakdown ofmarriage due to divorce. Divorce can cause several legal consequences, one of which is thelegal consequences for children and their care. In the event of divorce, child custody can begiven to the mother if the child is under the age of 18 years. But it can be ruled out, if thefather can prove if the mother is not eligible for child custody. In this case, the author takesthe example of Decision Number 1513/Pdt.G/2022/PA.Pbr, in this judgment the custody ofthe minor falls to the father, where the minor child needs love and attention from a mother.The purpose of this thesis research is to determine the judge's consideration in determiningthe custody of minors to the father due to divorce at the Pekanbaru Religious Court and tofind out the judge's consideration in determining the custody of minors to the father due todivorce based on the perspective of legal expediency theory.This type of research is a type of sociological research conducted at the PekanbaruReligious Court. The population and samples used are the Pekanbaru Religious Court Judgewho tried the case, the father who litigated, and the mother who litigated. The data sourcesused are primary data and secondary data. The data collection techniques used are literaturereview and interviews.The result of this study is that the judge's consideration in determining the custody ofminors to the father due to divorce in the Pekanbaru Religious Court is that the judge arguesthat Article 105 of the Compilation of Islamic Law letter (a) which explains that themaintenance of children who are not yet mumayyiz or not yet 12 (twelve) years old is theright of the mother. But it is not absolute, because the most important thing is the benefit forthe child himself, then the custody of the child is given to the father because the fatherbehaves better than the mother and the judge's consideration in determining the custody ofminors to the father due to divorce based on the perspective of the theory of legal expediencyin terms of the element of legal expediency has been fulfilled because the decision has had animpact and benefit to the parties and children. The author's suggestion is for the Panel ofJudges, in deciding a case in the future to ensure the condition of children in which field ispreferred for the benefit of children being cared for by mothers, fathers, or jointly and forboth parents, must remain fully responsible for their children without being hindered by timeand situation.Keywords: Child Custody - Divorce - Mumayyiz

KEBIJAKAN HUKUM PIDANA PELECEHAN SEKSUAL SECARA VERBAL DALAM HUKUM PIDANA INDONESIA Luthfi, Saskia Salsabilla; R, Mukhlis; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Sexual violence is increasingly happening, both in public places and inoffices. Problems Sexual violence is a form of human rights violations, crimesagainst human dignity, and forms of discrimination. According to his definition,sexual violence is any form of behavior that has a sexual content that is carriedout by a person or a number of people but is not liked and not expected by theperson who is being targeted so that it causes negative consequences, such as:shame, offence, humiliation, anger, loss of self-esteem, loss of holiness and so on.From the background of the problem above, the purpose of writing this thesis:first, to find out how to regulate verbal sexual harassment in Indonesian CriminalLaw. Second, to find out how to regulate verbal sexual harassment in severalcountries. Third, to find out how to regulate verbal sexual harassment inIndonesia in the future.The author conducts research using normative juridical methods. Thesource of data used is library research, namely in order to obtain secondary datathrough documentary studies, namely by studying and analyzing comparativelydescriptive laws and regulations with theories that have a relationship with theproblems studied.From the results of the study, there are three main things that can beconcluded: First, the regulation of verbal sexual harassment in IndonesianCriminal Law is seen from the Criminal Code and the Criminal Procedure Code,the regulation of verbal sexual harassment in several countries such as SexualOff. ences Act is used by 4 countries, namely Barbados, England, Bahamas andIndia, Third, the regulation of verbal sexual harassment in Indonesia in the futurewhich refers to the Law on the Elimination of Sexual ViolenceKeywords : Verbal Sexual Harassment – Verbal Sexual Arrangements -Indonesian Criminal Law

IMPLEMENTASI PENEGAKAN HUKUM TERHADAP ANAK SEBAGAI PELAKU KEKERASAN SEKSUAL DI KOTA PEKANBARU Salsabila, Putri Nanda; Erdianto, Erdianto; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Article 76 E of Law Number 35 of 2014 concerning Amendments to LawNumber 23 of 2002 concerning Child Protection states that the criminal act ofmolesting a child which is punishable by a minimum sentence of 5 (five) years in prisonis a serious crime, but in reality in the Police Pekanbaru City Resort has several casesof fornication that have not been resolved because the police have stopped investigatingthe cases because mediation has been carried out. This type of research is sociologicallegal research, namely an attempt to see the influence of the enactment of positive lawon people's lives.This research is also descriptive in nature, namely the author tries to describelaw as a form of social control related to the establishment and maintenance of socialrules, with a basic view of the law's ability to control human behavior and createconformity in these behaviors.This research aims to find out how law enforcement is carried out by thePekanbaru City Resort Police, especially Women and Child Protection UnitInvestigators, what obstacles are faced in law enforcement and what efforts can bemade to overcome obstacles to law enforcement at the Pekanbaru City Resort Police.The results of this research explain that law enforcement carried out by thePekanbaru City Police, especially the Women and Children Protection UnitInvestigators, has not been optimal in cases of criminal sexual abuse of children. Theobstacles faced by the Police are the lack of quality and quantity of Women andChildren Unit Investigators, lack of cooperation from the victim or the victim's family inproviding information related to the case being processed, and a lack of public legalawareness. The efforts that the author offers in this research are to improve the qualityand quantity of investigators in the women's and children's unit at the Pekanbaru CityPolice Department, increasing public insight regarding the importance of legalawareness in order to create justice, benefit and public welfare.Keywords: Law Enforcement - Crime - Sexual Abuse - Children.

ANALISIS PROSES HARMONISASI RANCANGAN PERATURAN DAERAH PROVINSI RIAU SEBAGAI BAGIAN PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN DI INDONESIA Ulhaq, Kaafin; Haryono, Dodi; Rauf, Muhammad A.
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Harmonization the draf regional regulation is an attempt to harmonize,adjusting, strengthening and rounding up the conception of a draf regionalregulatios, wheter higher, equal or more low, and other matters other than lawsand regulation, so that they are arranged systematically, not conflicting oroverlappig, regional regulations in Riau Province must of course be inaccordance with the principles of forming laws and regulations and providiondthat are in accordance with the philosophy o Pancasila and local wisdom.This research is a sociological legal research, this is based on fieldresearch which refers to interviews and observations statements as wellsupporting documents that have a corelation with the background of the problemto be studied. This study uses secondary date sources consisting of primary,secondary, and tertiary legal materials. This study uses qualitative date analysisby producing a deductive method of drawing conclusions, namely drawingconclusions from that are general to things that are specific.From the results of the discussion, it can be concluded that theharmonization, rounding and strengthening of the draft Provincial RegionalRegulations was carried out by vertical agencies, in this case the Regional Officeof the Ministry of Law and Human Rights, Riau Province. Obstacles in theprocess of harmonization of Riau Province Regional Regulations are caused byseveral factors, namely: the minimum number of human resources, the difficultyof adjusting time between agencies, and the limited budget resulting in norescheduling of the process. Efforts that need to be made so that theharmonization of the Riau Province Regional Regulation Draft can beimplemented is by providing an adequate number of human resources to carry outthe harmonization, the obligation of the relevant parties to be present whendiscussing harmonization, and the existence of an adequate budget to guaranteelegal products in the form of Regional Regulations.Keyword: Harmonization, Regional Regulation, Riau province.

HUKUM TINDAK PIDANA PENCURIAN DATA PRIBADI ANTARA HUKUM INDONESIA DAN HUKUM MALAYSIA Ummah, Kuntum Khaira; Jayakusuma, Zulfikar; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Theft of personal data or Personal Data Theft is a crime to steal information, money, or somethingthat has value, where profit is the perpetrator's motivation. In fact, a person's personal data must receivelegal protection. This theft of personal data is very detrimental to society and includes a violation ofsomeone's privacy. Indonesia and Malaysia are two countries that have ratified the personal dataprotection law. Indonesia, which adheres to a civil law legal system, regulates the protection of personaldata through Law Number 27 of 2022 concerning Personal Data Protection, although it has regulated theprotection of personal data in Indonesia, the potential for violations of the right to privacy over personaldata not only exists in online activities but also offline activities. Potential privacy violations in masspersonal data collection activities (digital dossier), direct marketing (direct selling), social media,implementation of e-KTP programs, implementation of e-health programs and cloud computing activities.The aim of this research is first: To find out how the criminal law for theft of personal data comparesbetween Indonesian law and Malaysian law. Second: To find out what the concept of legal protection forcriminal acts of theft of personal data will be in the future. This type of research is normative juridicalresearch with a comparative legal method, which means finding the truth of coherence, namely whetherthere are legal rules in accordance with legal norms and whether there are norms in the form of orders orprohibitions in accordance with legal principles and whether a person's actions are in accordance withlegal norms (not just in accordance with legal rules) or legal principles.The results of this research are that the criminal law for theft of personal data between Indonesianlaw and Malaysian law has similarities and differences in several aspects, such as regulations related topersonal data theft, authorized institutions, and the advantages and disadvantages of each country. Thesimilarities between Indonesian law and Malaysian law can be seen in the principles of personal dataprotection and the rights of data subjects regulated in laws or regulations relating to the theft of personaldata and the concept of legal protection for criminal acts of theft of personal data in Indonesia in the future.This can be seen from two aspects, namely the substantial aspect and the structural aspect.Keywords: Comparative Law-Crime Theft of Personal Data-Indonesia-Malaysia

POLITIK HUKUM PEMBUBARAN PARTAI POLITIK BERDASARKAN UNDANG-UNDANG NOMOR 24 TAHUN 2003 TENTANG MAHKAMAH KONSTITUSI NOVRILA, YUTIKA; Indra, Mexsasai; HB, Gusliana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Legal Politics which is the direction of a legal policy made officially by the stateregarding laws that will be enforced or will not be enforced to achieve state goals within acertain period as well as a formal-procedural mechanism that determines whether or not thislaw-making procedure is legal can be related to legal development which cannot be separatedfrom the social reality that lives in a country. The dissolution of political parties is regulated inarticles 68 to 73 of Law no. 24 of 2003 concerning the Constitutional Court. As in other cases,in an application for the dissolution of a political party, there are three (3) possible decisionsthat will be handed down by the constitutional court, namely the application is declaredinadmissible, the application is granted and the application is decided within 60 days. If theconstitutional court is of the opinion that the petition does not meet the requirements. So thatresulted in weaknesses in the constitutional court, related to the existence of Legal Standingholders for proposing the dissolution of political parties which were only proposed by thegovernment. Until now, the Constitutional Court has never decided to disband a political partybecause it has never been brought to court.The purpose of this study is to find out an idea that there is a weakness in theConstitutional Court in the dissolution of political parties in Indonesia. This type of researchis normative in which the writer tries to collect and analyze bibliographical data as a writingsource which is divided into primary, secondary and tertiary data.The results of this study are that the dissolution of political parties is due to partyactivities that are contrary to Pancasila, and the 1945 Constitution of the Republic ofIndonesia. So that there is a weakness in the Constitutional Court in dissolving politicalparties, which no longer fulfills the requirements determined by laws and regulations anddoes not carry out its obligations and does not carry out its functions in accordance withapplicable laws and regulations, in laws and regulations, legal politics has a very importantrole as a necessary reason in the formation of a statutory regulation and becomes aformulation in articles. Indonesia is a democratic country that must uphold democratic valuesand the concept of law must have an obligation to guarantee legal order, guarantee theupholding of a law as a prosperous socio-economic concept for service.Keywords: Legal Politics - Constitutional Court - Dissolution of Political Parties

KRIMINALISASI TERHADAP KORPORASI YANG TIDAK VALID DALAM MELAPORKAN PEMILIK KEUNTUNGANNYA (BENEFICIAL OWNERSHIP) Pratama, Restu Ananda; Erdianto, Erdianto; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Presidential Regulation Number 13 of 2018 concerning the Principle of RecognizingBeneficial Owners of Corporations in the Context of Preventing Crimes of MoneyLaundering and Terrorism Financing is the highest legal umbrella for implementing theprinciple of recognizing beneficial ownership in Indonesia today. Reporting data onbeneficial owners of a corporation is mandatory, so data validation is a very crucial thing todo. In this presidential regulation, only matters of an administrative nature are regulated andno threat sanctions have been regulated as a means of prevention and providing a deterrenteffect to every perpetrator of violations in terms of validating data on the beneficial ownersof a corporation.This research is normative legal research supported by secondary data,carried out by using library materials as the main focus. Also called doctrinal legal research,namely legal research that uses data based on library research by taking quotations fromreading books, or supporting books that are related to the problem to be researched. Thus,this research uses secondary data sources consisting of primary, secondary and tertiary legalmaterials. This research also uses qualitative data analysis and produces descriptive data.From the results of the discussions and research carried out, several conclusionswere obtained, namely: First, the regulation regarding Reporting of Beneficial Owners of aCorporation is regulated by Presidential Regulation Number 13 of 2018. In terms of law-making procedures, a Presidential Regulation is not justified in containing criminalprovisions , because there is a principle of No Punishment Without Representatives, criminalprovisions are only included if the Regulation is issued by the Legislative Body. Second,criminalization must be created through legality which will be included later in a new law,raising the level of the Presidential Regulation to a law which contains provisions forimprisonment and fines which are prepared taking into account the outlook on life,awareness and legal ideals, as well as philosophy. the Indonesian nation which originatesfrom Pancasila and the Preamble to the 1945 Constitution of the Republic of Indonesia.Keywords: Criminalization - Corporation – Beneficial Owner

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