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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 80 Documents
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Search results for , issue "Vol 11, No 1 (2024): Januari - Juni 2024" : 80 Documents clear
IMPLEMENTASI PERIZINAN ROKOK DI KOTA BATAM BERDASARKAN PASAL 31 PERATURAN PEMERINTAH REPUBLIK INDONESIA NOMOR 41 TAHUN 2021 TENTANG PENYELENGGARAAN KAWASAN PERDAGANGAN BEBAS DAN PELABUHAN BEBAS Arsyah, Nabila Aulia; Indra, Mexsasai; Akmal, Zainul
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Free Trade Zone or commonly called FTZ is one of the containers in the SpecialEconomic Zone (SEZ) which is related to a free trade zone that provides access for thecountry in terms of exemption from import duties, Value Added Tax (VAT), Value Added Taxand Luxury Goods (STLG), and excise. The access granted by a country creates a policy thatmust be implemented, such as licensing. This is confirmed in the Regulation of the Head ofthe Batam Free Trade Zone and Free Port Regulatory Agency Number 8 of 2019 concerningthe Implementation of the Entry and Exit of Goods To and From the Free Trade Zone andFree Port of Batam Article 27 Paragraph (3), where every activity in the FTZ area must havea license, one of which is licensing the distribution of cigarettes.The high contribution of cigarettes and the existence of large profits, makes a problemarise, namely the case of illegal cigarettes. So that the state issued Government Regulation ofthe Republic of Indonesia Number 41 of 2021 concerning the Implementation of Free TradeAreas and Free Ports as a juridical basis for its implementation. This is considered importantso that state revenue related to cigarette excise, especially in Batam City, can beimplemented properly and maximally.Based on the results of temporary observations, the implementation of PP No. 41 of2021 concerning the Implementation of Free Trade Areas and Free Ports has not gone asexpected. This is based on the presence of companies that do not have distribution licensesissued by BP Batam, so that it was found that 68% of the number of cigarettes did not havedistribution licenses with a projected state loss of IDR 78.8 billion, so that the target of staterevenue is not in accordance with the number of cigarette distribution activities.Keywords: Free Trade Zone, Excise, Illegal Cigarettes.
PELAKSANAAN PEMENUHAN HAK BURUH PASCA PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL PADA PENGADILAN NEGERI PEKANBARU Reza, Muhammad Jourdy; Firdaus, Firdaus; Hendra, Rahmad
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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The Industrial Relations Court is a special court established within thedistrict court which has the authority to examine, adjudicate and make decisionson industrial relations disputes, this is stated in Article 1 paragraph 17 of LawNumber 4 of 2004 concerning Settlement of Industrial Relations Disputes.according to Article 97 of Law Number 2 of 2004 concerning Settlement ofIndustrial Relations Disputes, the decision of the Industrial Relations Courtdetermines the obligations that must be carried out and/or the rights that must beaccepted by the parties or one of the parties for any settlement of industrialrelations disputes. However, the implementation did not run smoothly whichresulted in legal uncertainty and the failure to fulfill the rights of laborers oremployees guaranteed by Article 156 paragraph 1 of Law Number 13 of 2003concerning Employment which states "In the event of termination of employment,employers are required to pay severance pay and/or service award money andcompensation money for rights that should have been received."The type of research used is empirical legal research. Empirical legalresearch is a legal research method that functions to be able to see the law in realterms and examine how the law works in a social environment, so the empiricallegal research method can also be said to be sociological legal research.This research discusses the implementation of the fulfillment of laborrights after the decision of the Industrial Relations Court at the PekanbaruDistrict Court. The results showed that the implementation of the fulfillment oflabor rights has been carried out well, although there are still some obstaclessuch as delays in submitting requests for execution by workers, delays inexecution by companies, lack of ability of workers in tracking company assets,and efforts by companies to cover up their assets. However, the PekanbaruDistrict Court has made preventive and repressive efforts to overcome theseobstacles, including by summoning both parties when giving a warning to thecompany, directing workers in tracking assets, and providing cover letters torelevant agencies in the asset confiscation process.Keywords: Industrial Relations, Labor Rights, Implementation.
PELAKSANAAN PERJANJIAN PEKERJAAN JASA KONSTRUKSI PEMBUATAN LOKASI SUMUR EKSPLORASI ANUGERAH– 01 DAN PERBAIKAN JALAN MASUK LOKASI BLOK MARQUISA ANTARA PT. SCHINTAR MARQUISA DENGAN PT. SUKA DAMAI KONSTRUKSI DI PROVINSI RIAU Rozi, Syafilla; Bachtiar, Maryati; Hendra, Rahmad
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Abstract

Construction services are one of the economic activities that have animportant role in achieving various targets to support the realization of nationaldevelopment goals. There are two parties in construction services who enter intoa legal employment relationship, namely the service user and the serviceprovider. The work relationship between service users and service providers isbased on law, and is stated in the form of a construction work contract. A contractcan be said to be an agreement because the contract contains a mutually bindingagreement and must be agreed to by both parties. During the implementation ofthe agreement, if one of the parties breaks their promise then that party can besaid to be in default or what could be called a breach of contract.The method for writing this research was carried out using sociologicallegal research. This research was conducted in Mandau District, BengkalisRegency, Riau Province because of data obtained from PT Suka DamaiConstruction. The author took samples including the Director of PT Suka DamaiConstruction Rokan Hulu, PT Schintar Marquisa staff, and legal counsel from PTSuka Damai Construction. The data sources in this research are primary andsecondary data with primary legal materials, secondary legal materials andtertiary legal materials. The data obtained was collected through interviews andliterature review.Based on the results of research on the problem, there are two main thingsthat will be concluded. Settlement of default on Cooperation Agreement by PT.Suka Damai Construction with PT. Schintar Marquisa began with a cooperationagreement between PT. However, various efforts made by the defaulting partiesremain unresolved. Suggestions for firmness from PT. Suka Damai Constructionand, if necessary, take legal action, both non-litigation and litigation, to resolvethe breach of contract issue.Keywords: Construction Services, Contracts, Agreements, Default.
PERLINDUNGAN DATA PRIBADI SESEORANG YANG SUDAH MENINGGAL BERDASARKAN UNDANG-UNDANG NOMOR 27 TAHUN 2022 TENTANG PERLINDUNGAN DATA PRIBADI Manik, Damianus Sihol Marito; Firdaus, Emilda; Junaidi, Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Personal data protection is very important in today's modern world. Personal data isconfidential and sensitive information about a person. In the personal data protection law, aperson's personal data must be protected from unauthorized access or misuse. However, thequestion that arises is how is the protection of personal data of a deceased person regulatedin the personal data protection law? In fact, the protection of a deceased person's personaldata is actually also very important to consider. Even though the person has passed away,their personal data must still be kept confidential as it can still be used by irresponsibleparties. In many countries, personal data protection laws regulate the protection of personaldata of deceased persons. In Indonesia, the protection of personal data of deceased personsdoes not yet have a clear legal umbrella. The protection of the personal data of a deceasedperson is important to prevent misuse of data that can harm the family or other living partiesand the state. The personal data of someone who has died can be used for bad purposes,such as identity theft or fraud.This research aims to find out and explain how the protection of personal data of adeceased person in terms of respect for individual privacy. Even though the person is dead,there is still a right to privacy that must be respected. In this case, the government andrelated institutions must ensure that Law No. 27 of 2022 on Personal Data Protection alsocovers the protection of personal data of deceased persons. In addition, it is important tosocialize and educate the public about the importance of protecting personal data, includingthe personal data of deceased persons. Thus, the protection of personal data of deceasedpersons is an important part of the overall protection of personal data. With cleararrangements and firmness in maintaining the confidentiality of the personal data ofdeceased individuals, it is hoped that it can prevent the misuse of personal data of deceasedindividuals which can harm many parties including the state.Keywords: Protection, Personal Data, Death
TINJAUAN YURIDIS TERHADAP PENYELESAIAN TINDAK PIDANA KEKERASAN SEKSUAL YANG DILAKUKAN OLEH ANAK DI BAWAH USIA 12 TAHUN Hasdania, Nabila Triyuliani; R, Mukhlis; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Sexual violence is not only carried out by adults, but also by minors. LawNumber 11 of 2012 concerning the Juvenile Criminal Justice System limits theage of children in conflict with the law to 12 years old. Therefore, perpetratorswho are not yet 12 years old cannot be processed formally or in other wordscannot be punished. The rise of sexual crimes committed by children under theage of 12 certainly creates contradictions in society, considering that the crimescommitted cause serious losses to the victims but the perpetrators cannot beprosecuted because they are still minors. The aim of this research is first toexplain the regulation and enforcement of the law when criminal acts of sexualviolence are committed by children under the age of 12 years.The type of research used is normative legal research using librarymaterials as data and reference sources. This research requires secondary dataconsisting of primary, secondary and tertiary legal materials. The data collectiontechnique used by researchers is literature study. In drawing conclusions,researchers use a deductive method, namely drawing conclusions from generalstatements or propositions to specific statements or propositions.From the results of discussions and research carried out, regulation andlaw enforcement for children under 12 years old is still not in line with societaldevelopments. Law Number 11 of 2012 concerning the Juvenile Criminal JusticeSystem still does not fulfill a sense of justice for the victims because the handlingof the perpetrators is not commensurate with the losses experienced by thevictims.Keyword: Sexual Violance, Minors, Sanction
PERAN DIREKTORAT RESERSE KRIMINAL KHUSUS DALAM MENANGGULANGI TINDAK PIDANA PERJUDIAN ONLINE DI WILAYAH KEPOLISIAN DAERAH RIAU Yosua Alexander Napitupulu; Erdiansyah Erdiansyah; Sukamariko Andrikasmi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Advances in technology and communication have become increasinglyrapid, affecting every access to human life, In this day and age, crime in thevirtual world (cyber crime). One of the crimes that is currently developing isonline gambling crime. Therefore, the aim of this thesis research is first, to findout the factors that cause the rise of online gambling in the Riau Regional Policearea. Second, to find out the role of the Special Criminal InvestigationDirectorate in dealing with online gambling crimes in the Riau Regional Policearea. Third, to find out the obstacles for the Directorate of Criminal Investigationin tackling online gambling in the Riau Riau Regional Police area.This type of research can be classified as a type of sociological research.This research took place at the Riau Regional Police, where researchersdetermined that the population and sample were all parties related to the problembeing studied. This research uses data sources in the form of primary data andsecondary data, and data collection techniques are carried out by means ofinterviews.From the results of the research and discussions carried out, it can beconcluded that the crime of online gambling in the Riau Regional Police is still sowidespread that it requires maximum efforts, which is caused by various factors,including: First, a preemptive effort in the form of an appeal to online gamblingplayers by conducting outreach in the field of public order. Second, preventiveefforts in the form of blocking sites carried out in collaboration with the Ministryof Communication and Information. Third, repressive efforts can be interpreted ascountermeasures, namely efforts shown to someone who has become evil to helphim return to the right path, by arresting online gambling suspects.Keywords: Law Enforcement – Online Gambling Crime.
ANALISIS PENGANGKATAN KEPALA OTORITA IBU KOTA NUSANTARA OLEH PRESIDEN TERHADAP PASAL 18 AYAT 4 UNDANG-UNDANG DASAR 1945 DALAM PERSPEKTIF HUKUM TATA NEGARA ARDANITA, RAHAYU; Artina, Dessy; Zulhidayat, Muhammad
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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The constitutionality in Indonesia is measured based on its alignment with the 1945Constitution. The examination of the role and appointment of the Chief of Authority in theSpecial Capital Region of the National Capital is essential to comprehend its governancemechanism. The Chief of Authority of the Indonesian Capital City is directly appointed by thePresident and serves a five-year term, which, however, does not conform to the general electionmechanism stipulated in Article 18 Clause 4 of the 1945 Constitution used by other regionalleaders.The type of research utilized in this study is normative legal research. In collecting data fornormative research, a literature review method (library research) was employed. This researchalso employs qualitative data analysis and generates descriptive data.From the research findings and discussions conducted, several conclusions are derived:firstly, the appointment of the Chief of Authority of the Indonesian Capital City by the Presidentpotentially violates the principle of regional autonomy regarding the direct appointment andplacement of the Chief of Authority by the President. This violation threatens the autonomy andauthority of regions, which contradicts the principle of decentralization mandated by Article 18Clause 4 of the 1945 Constitution. Secondly, the ideal concept of appointing the Chief ofAuthority of the Indonesian Capital City by the President aims to balance power between thecentral government and regional governments by maintaining the concept of checks andbalances and regional autonomy. The concepts of checks and balances and regional autonomyare considered crucial to prevent power abuse.The recommendations include proposing a judicial review of Article 4 Clause 1 letter b,Article 5 Clause 4, Article 9, Article 10, Article 13 Clauses (1) and (2) of the Law on theIndonesian Capital City, as well as on the division of authority between the central governmentand regions in the context of the Indonesian Capital City Authority in Article 10 of PresidentialRegulation Number 62 regarding the Indonesian Capital City Authority to ensure alignment withthe principles of regional autonomy stipulated in Article 18 Clause 4 of the 1945 Constitution.Additionally, the restoration of the role of the Regional People's Representative Council (DPRD)in the governance structure of the Indonesian Capital City Authority as the representation of thepeople in accordance with the provisions of Article 18 Clause 3 of the 1945 Constitution isrecommended. Furthermore, inclusive dialogue and active participation from all stakeholders,including the central government, regional governments, civil society, and other democraticinstitutions, in formulating policies related to the appointment of the Chief of Authority.Keywords: Chief of Authority, Indonesian Capital City, Regional Autonomy
TINJAUAN TERHADAP PERKAWINAN BAGITO DI DALAM SUKUPALABIDAN SUKU PELIANG SONI MENURUTHUKUM ADATPETALANGAN DI KELURAHAN KAYUARA KECAMATANKERUMUTAN P, Mega Lestaria; Hasanah, Ulfia; Putra, Setia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Abstract

Bagito marriages are still practiced despite the consequences. Manypeople who perform bagito marriages have lives that are not peaceful andsomething always happens in their family life. The people of Kayuara Villagebelieve that the life experienced by this bagito marriage is filled with manycalamities. The people of the Palabi tribe and the Paliang Soni tribe of KayuaraVillage strongly follow the existing traditional culture. Therefore, the indigenouspeople of Kayuara Village prohibit tribal marriages and Bagito marriages. butthe indigenous people say that it is better to do tribal marriages than Bagitomarriages which should not be allowed. The purpose of writing this thesis is first,to find out the role of Customary Law regulations in Bagito marriage accordingto Petalangan Custom. Second, to find out the settlement and sanctions in theevent of a Bagito marriage in the Kerumutan Subdistrict Village.This type of research is sociological legal research, which is researchconducted on the identification of laws and the effectiveness of laws that apply insociety. In this case, looking at the implementation of bagito marriage carried outby the people of the Kayuara village, the nature of the research is descriptive,which provides precise data about humans, circumstances and other symptoms.The results showed that the role of customary law regulations in bagitomarriage according to Petalangan customary law in Kayuara Village, KerumutanDistrict has an important role in marriage, including traditional norms thatinfluence the marriage process. Customary law regulations often regulateprocedures, conditions and norms of behavior during marriage. Settlements andsanctions are carried out in accordance with the customs and norms that apply inthe community. The Bagito marriage settlement process involves open discussionsbetween the families of both parties involved. Settlements are made with respectfor existing customs and traditions, and seek a mutual agreement that isacceptable to both parties.Keywords: Customary Law-Marriage-Ban-Bagito.
PELAKSANAAN PROGRAM DOOR TO DOOR SYSTEM DALAM MENANGGULANGI TINDAK PIDANA PENCURIAN KELAPA SAWIT DI WILAYAH HUKUM POLRES KABUPATEN ROKAN HULU Kifli Raji; Erdianto Erdianto; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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The Door to Door System program is one of the programs at the Rokan Hulu Policewhich aims to tackle criminal acts of palm oil theft in the jurisdiction of the Rokan HuluPolice. However, in reality the Door to Door System program is not running effectivelybecause there are several obstacles in its implementation, one of which is a lack of personnelknowledge at the time of implementation and the limited number of personnel inimplementing the Door to Door System program. So the problem formulation in this researchconsists of: 1) how is the Door to Door System Program Implemented in Overcoming theCrime of Palm Oil Theft in the Legal Area of the Rokan Hulu Regency Police, 2) what are theinhibiting factors, and 3) what are the efforts made in Implementation Door to Door SystemProgram. The aims of this research are 1) to find out the implementation of the Door to DoorSystem Program, 2) to find out the inhibiting factors in dealing with criminal acts of palm oiltheft and 3) to find out the efforts made in implementing the Door to Door System Programso that they can be more optimal in dealing with criminal acts palm oil theft.This type of research can be classified as sociological juridical legal research,because this research emphasizes research aimed at gaining knowledge about the door todoor system strategy used by the police in dealing with criminal acts of palm oil theft inRokan Hulu Regency. This research was conducted at the Rokan Hulu Police Station. In thisresearch, the data sources used are primary data and secondary data, data collectiontechniques in this research are observation, questionnaires and interviews.From the results of the research carried out, it can be concluded that, theimplementation of the Door to Door System Program in Overcoming the Crime of Palm OilTheft in the Legal Area of the Rokan Hulu Regency Police through outreach activities to thecommunity, distribution of information, conducting outreach such as raising publicawareness or vigilance, inviting the public to exchange information and also maintain thesecurity and comfort of the community as well as carry out direct monitoring of the fieldwhere the monitoring will be accompanied directly by the community and build activecommunication with the community. Obstacles include a lack of quality personnel and a lackof information. Meanwhile, the efforts made are implementing a rolling personnel model andempowering local wisdom.Keywords: Door to Door System Program, Crim, Palm Oil Theft.
FUNGSI DAN KEDUDUKAN DEWAN PERWAKILAN RAKYAT DAERAH (DPRD) BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 1999 DAN UNDANG-UNDANG NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH Sihotang, Angga Alfonsus; Jayakusuma, Zulfikar; Junaidi, Junaidi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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The DPRD remains in place as an organizing element of regional government, andcontinues to have the authority to jointly discuss draft regional regulations with regionalheads, discuss and determine the APBD with regional heads, and has a role as supervisor ofthe implementation of mutually approved Regional Regulations and mutually approvedAPBDs. This means that the DPRD is a working partner of the regional head in administeringregional government as intended by Law Number 23 of 2014 concerning regional government.If the DPRD is said to be a legislative institution, it is not correct, because the DPRD is not anabsolute institution that has the power of a legislative institution like the DPR RI.The aims of writing this thesis are: first, to find out the function and position of the DPRDbased on Law Number 22 of 1999 and Law Number 23 of 2014 concerning RegionalGovernment. Second, to understand the ideal concept of the function and position of the DPRDin the Regional Government system. The research method in this thesis uses a type of normativejuridical research, namely research that focuses on examining the application of rules ornorms in positive law. The nature of this thesis research is researchdescriptivewhichsystematically describes the facts and characteristics of the object being studied accurately.The data source used is the data sourcefirst, seconds andtertiary, The data collection methodused in this research is firstly literature study, which is a technique for obtaining secondarydata through documents related to the problem, objectives and benefits of the research, thenafter the data is collected it is then analyzed to draw conclusions.Based on the research results, Law No. 22 of 1999 stipulates that the DPRD is theregional legislative body and the regional government is the regional executive body. So in thiscase the position of the DPRD is separate from the regional government organs, whereas inLaw No. 23 of 2014 the district/city regional government consists of the district/city regionalgovernment so that in this case the position of the DPRD is a working partner of the regionalhead in administering government, secondly, the ideal pattern of relationship between thelegislature and the executive is a balance between the two institutions, but this will reallydepend on the political system being built. In connection with the position of the DPRD as aworking partner on an equal footing with the Regional Head, legal products in the form ofRegional Government Law No. 23 of 2014 must be emphasized regarding the position of theDPRD in the regional government system. Even though it is stated that they are equal in thelaw, the actual situation places the DPRD under the Regional Head. This causes the DPRD'sperformance to be ineffective based on what is mandated by lawKeywords: Law, Government, DPRD.

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