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PELAKSANAAN PERLINDUNGAN HUKUM TERHADAP AHLI WARIS DALAM PENYELESAIAN KLAIM PADA PERUSAHAAN ASURANSI JIWA PT. SUN LIFE FINANCIAL INDONESIA DI PEKANBARU Nicolas Hutabarat; Rika Lestari; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Implementation of submitting life insurance claims by heirs to PT. Sun Life FinancialIndonesia in Pekanbaru often happens when the insured submits a claim to the insurancecompany and it is not always accepted because there are things that cause the application tobe rejected, namely related to the results of investigations that are less transparent inproviding reasons and grounds for rejection, therefore the aim of the research Firstly, to findout the implementation of legal protection for heirs regarding heir rights at the life insurancecompany PT Sun Life Financial Indonesia in Pekanbaru. Second, to find out the legal effortsof heirs regarding heir rights at the life insurance company PT Sun Life Financial Indonesiain Pekanbaru.The research method in this thesis uses a type of sociological legal research, namelyresearch on the effectiveness of law in society. The nature of this thesis research isdescriptive research that systematically describes the facts and characteristics of the objectbeing studied accurately. The data collection technique in this research is the interviewmethod and literature review, then after the data is collected it is then analyzed to drawconclusions.Based on research conducted, legal protection for heirs regarding heir rights at the lifeinsurance company PT Sun Life Financial Indonesia in Pekanbaru is not in accordanceviolates Article 31 verses 3 and 4 law Number 40 of 2014 concerning Insurance because inprinciple the company should provide protection and comfort to customers and be open inproviding information regarding rejection of life insurance claims. The legal action taken bythe heirs regarding their rights to the life insurance company PT Sun Life FinancialIndonesia in Pekanbaru is difficult to take because the rejection of the life insurance claim isfinal and from the inaccurate results of the investigation the company is freed from itsobligation to provide compensation and does not accept criticism from heirs because theresults of the investigation cannot be contested. Meanwhile, if you take the non-litigationroute or mediation outside the court, it still cannot be done because PT. Sun Life FinancialIndonesia in Pekanbaru has not registered its company with the membership of an officialindependent institution under the OJK (Financial Services Authority), in this case thecompany certainly violates Article 54 of the 2014 Insurance Law which requires insurancecompanies to become independent and impartial institutions.

PENEGAKAN HUKUM TERHADAP ANAK YANG TIDAK MENGGUNAKAN HELM DI WILAYAH KOTA PEKANBARU Sundari, Nur Shinta; R, Mukhlis; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Law Number 22 of 2009 concerning Road Traffic and Transport states inArticle 291 paragraph (1) every person who drives a motorcycle without wearingan Indonesian national standard helmet as referred to in Article 106 paragraph(8) shall be punished with a maximum imprisonment of 1 (one) month or amaximum fine of Rp.250 (2) every person driving a motorcycle who allows hispassenger not to wear a helmet as referred to in Article 106 paragraph (8) shallbe punished with a maximum imprisonment of 1 (one) month or a maximum fineof Rp.250.000,00 (two hundred and fifty thousand rupiah). However, in realitythere are still many motorbike riders who commit violations by not wearinghelmet when riding, whice can threaten safety if an accident accurs.This type of research can be classified as sociological research becausethe author directly conducts research at the location or field where it isresearched in order to provide a complete and clear picture of the problem understudy. This research was conducted at the Pekanbaru City Resort Police, wherethe population and sample were all parties related to the problem under study.The The results of this study explain that law enforcement is carried out bythe police by conducting operations in one place (stationary) and operationscarried out in motion (hunting) by carrying out preventive and repressiveenforcement. The efforts made by the police are to provide socialization to thecommunity and students. The obstacles faced by the police are the lack of publiclegal awareness and the lack of firmness and discipline of police officers inenforcing the law. It is suggested that law enforcers cooperate more withorganizations, community leaders, and schools in conducting socialization. It issuggested that law enforcers be more assertive and disciplined in enforcing thelaw against violators who do not wear helmets. It is hoped that the people ofPekanbaru City will be more concerned with safety when driving in order tominimize the impact of accidents that occur to children.Keywords: Law Enforcement, Traffic Violations, Children.

PERLINDUNGAN HUKUM TERHADAP PEREMPUAN KORBAN PELECEHAN SEKSUAL DALAM PERSPEKTIF HUKUM PIDANA INDONESIA Diva Beauty Tomanda; Dessy Artina; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Everyone has human rights, one of which is legal protection. Victimprotection revealed that in principle it has been regulated in Law Section Number12 of 2022 concerning Crimes of Sexual Violence in articles 42 to article 47concerning Victim Protection. In accordance with the provisions of Article 4 ofthe Witness and Victim Protection Law, witness and victim protection aims toprovide a sense of security to witnesses and/or victims in providing informationduring any criminal detention process. Therefore, the aim of this thesis researchis firstly to explain the legal protection for female victims of sexual disclosurefrom the perspective of Indonesian criminal law, secondly to describe theweaknesses contained in the PSK Law regarding the legal protection of femalevictims of sexual disclosure.This research is normative legal research, referring to positive legalnorms that apply in Indonesia to answer issues that exist on the surface. This isbased on library research which takes quotations from book readings, orscientific research as support that is related to the problem to be researched. Thisresearch uses secondary data sources consisting of primary, secondary andtertiary legal materials. This research also uses qualitative data analysis andproduces descriptive data.From the results of the discussion it was concluded that, firstly, legalprotection for women who are sexually victims is discussed in the Criminal Lawin Indonesia regarding the restoration of victims' rights, while technicalprotection is mandated by the Witness and Victim Protection Law. The secondobstacle in legal protection for victims of sexual disclosure is that the realizationof the LPSK's duties and authority in the PSK Law is not specifically regulated ina separate provision or chapter, the victim is actually re-criminalized by theperpetrator through the ITE Law in the article on defamation, a culture ofblaming the victim, legal sanctions are required. For perpetrators of restitutiveviolence, many forms are open but the laws used are still the same, resulting inlegal violations. The author's suggestion is that regulations are needed thataccommodate a sense of justice for victims of sexual harassment. It requires astrong desire by each stakeholder to ensure that all stages run correctly.Keywords: Legal Protection, Victims, Sexual Harassment

IMPLEMENTASI PROGRAM 3R (REDUCE, REUSE DAN RECYCLE) PERATURAN DAERAH KOTA PEKANBARU NOMOR 08 TAHUN 2014 TENTANG PENGELOLAAN SAMPAH DI TAMAN KOTA PEKANBARU Shindy Fauziyah; Maria Maya Lestari; Zainul Akmal
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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This research focuses on the implementation of the 3R (Reduce, Reuse, and Recycle)programme in Pekanbaru City Regional Regulation Number 08 of 2014 concerning WasteManagement in Pekanbaru City Parks. The 3R programme is the government's effort toovercome the waste problem which is one of the biggest problems in the environment ofPekanbaru city. The goal is to reduce the amount of waste, foster public awareness, andprovide benefits for community empowerment. This research examines the extent of publicawareness in implementing the 3R programme and how the government supports theprogramme in public places such as city parks in accordance with applicable regionalregulations.This type of research is sociological research and descriptive in nature. The researchlocation was conducted in 4 locations, namely the Pekanbaru City Environment and HygieneOffice, Pekanbaru Mayang Glass Park, Pekanbaru Tunjuk Integritas Park, and PekanbaruCity Park. The population of this research is park visitors and parties related to parkmanagement in Pekanbaru City. Samples were taken by simple randomisation from thepopulation of park visitors. Data sources consist of primary data through observation,interviews, and questionnaires to the government, related agencies, janitors, and visitors tocity parks. Secondary data is obtained from laws and regulations, books, and previous researchresults. Data collection techniques were carried out through observation, interviews,questionnaires, and document studies. Data analysis uses qualitative analysis by describingand interpreting data and drawing conclusions deductively.From the results of the study it can be concluded that public awareness in implementingthe 3R Programme in Pekanbaru City Park is still lacking. There are still many visitors whothrow garbage not in the place that has been provided. In addition, the lack of personal hygieneofficers also affects the running of the 3R programme in Pekanbaru City Park. Second, theimplementation of the Pekanbaru City Regional Regulation number 8 of 2014 concerningWaste Management in Pekanbaru City, on the Communication indicator in the implementationof waste management in Pekanbaru related to socialisation, the value is not yet optimal but theagency will make maximum efforts to provide understanding to the public about the impact ofthe dangers of littering, secondly on the Resource indicator related to the lack of personnel inwaste management due to the limited budget owned by the agency. However, in the nextindicator, the role of the government has been carried out well.Keywords: Implementation, 3R Program, PERDA.

PENGELOLAAN PARTICIPATING INTEREST 10% (SEPULUH PERSEN) DALAM RANGKA MENINGKATKAN KESEJAHTERAAN DI KABUPATEN SIAK H, Juanda Hasanuddin; Firdaus, Firdaus; Jayakusuma, Zulfikar
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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One of the strategic issues in managing the upstream oil and gas sector in Indonesia isthe obligation to bid Participating interest of 10% (ten percent) by the KKKS managing an Oiland Gas Working Area to the Regional Owned Enterprise (BUMD) at the operational location.involvement of regional governments in the form of responsibility for giving appointments toBUMDs or regional companies in order to obtain 10% PI management which is expected tobe able to provide profits or profits that will increase regional income for the welfare of localcommunities. Apart from that, it is hoped that it will be able to provide knowledge andexperience of cooperation for BUMDs in managing oil and gas working areas as a contractor.The type of research in this thesis uses sociological legal research, namely research onthe effectiveness of law in society. The nature of this thesis research is research descriptivewhich systematically describes the facts and characteristics of the object being studiedaccurately. The data collection technique in this research is the interview method and literaturereview, then after the data is collected it is then analyzed to draw conclusions.Management Participating Interest 10% (Ten Percent) in the context of improvingcommunity welfare in accordance with the mandate in the Minister of Energy and MineralResources Regulation (Permen) Number 37 of 2016 concerning Provisions for 10% (TenPercent) Participating Interest Offerings in Oil and Gas Working Areas. PT Riau Petroleummanages four 10% PIs from four oil and gas blocks by forming subsidiaries, namely PT RiauPetroleum Siak, PT Riau Petroleum Kampar, PT Riau Petroleum Mahato, and PT RiauPetroleum Rokan, the Riau Provincial Government gets the largest share with a portion of50%, while the remainder is divided among the five districts, according to the amount of oiland gas reserves in each region which has been calculated by a third party professionally.Utilization of Participating Interest 10% (Ten Percent) in the Context of Improving Welfare,among others, Siak BUMD can use the profits from the 10% PI to increase Regional OriginalIncome. Siak BUMD can use some of the profits from the 10% PI to finance communityempowerment programs, such as skills training, business capital assistance, and villageinfrastructure development. Improving the Quality of Education. Siak BUMD can use some ofthe profits from the 10% PI to finance programs to improve the quality of education, such asbuilding schools, providing scholarships, and training teachers.Keywords: Participating interest, Petroleum, Government

TANGGUNG JAWAB PELAKU USAHA ATAS KERUSAKAN BARANG YANG MERUGIKAN KONSUMEN MAKANAN RINGAN DI KECAMATAN TANJUNG BARU KABUPATEN TANAH DATAR Malta, Wahyu Aditiya; Ismi, Hayatul; Darnia, Meriza Elpha
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Technological and economic developments are developing very rapidly, thusinfluencing production activities to be able to meet the increasing and diverseneeds of consumers. Consumers cannot be separated from business actorsbecause they need each other to carry out buying and selling activities. On theother hand, economic growth does not always produce products that comply withsafety standards for consumption and is often detrimental to consumers.However, in reality there are still many business actors operating in the foodsector who do not carry out their rights and obligations properly, thus placingconsumens in weak and disadvantaged position. Such as snack food businessactors who sell their products without paying attention to whether the product isin good condition or not, which cause losses to consumers. So the aim of thisthesis research is first, to analyze the responsibility of business actors for damageto goods that harm snack consumers in Tanjung baru District, Tanah DatarRegency.From the research results it can be concluded the, frist, as regulated inArticle 19 of the UUPK, business actors are obligated to provide compensationfor consumer losses. Secondly,there are legal remedies that consumers can take,namely throught litigation and non litigation. The advice from the author is frist,business actors in running their business actors in running their business must bemore thorought and careful in producing and packaging their products so as notto harm consumers and pay attention to consumer rights and their obligations asbusiness actors. Secondly, consumers must be more careful in purcahsing an itemby checking the condition of the item before purchasing and consuming the foodproduct so that it does not cause harm or harm.Keywords: Business Actor-Damage to Goods-Responsibility

ANALISIS PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG (PERPPU) SEBAGAI OBJEK PENGUJIAN DI MAHKAMAH KONSTITUSI Fitriyani, Nia; Haryono, Dodi; Rauf, Muhammad A.
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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The authority of the Constitutional Court in the 1945 Constitution of the Republic ofIndonesia (1945 Constitution of the Republic of Indonesia) after the issuance of MK DecisionNumber 138/PUU-VIII/2009. The Constitutional Court stated its authority to review GovernmentRegulations in Lieu of Law (Perppu) against the Constitution, relying on the interpretation thatPerppu is in a position parallel to the Law, in accordance with Law Number 12 of 2011concerning the Formation of Legislative Regulations . MethodThis research uses a type of normative legal research (normative law research) usingnormative case studies in the form of legal products produced, reviewing statutory regulations,books and journals related to this research, as well as analyzing Constitutional Court DecisionNumber 138/PUU- VIII/2009.The results of this research explain that the Constitutional Court has the authority toreview Perppu and regulations that are lower in level than the 1945 NRI Constitution whichpositions Perppu in the same position as the Law by using a slash (/), cannot change the contentsof the Constitution NRI of 1945, which clearly differentiates between Laws and PerppuKeywords: Authority, Constitutional Court, Testing

TANGGUNG JAWAB NEGARA DALAM PENCEGAHAN DAN PENANGANAN KEKERASAN SEKSUAL DI LINGKUNGAN PERGURUAN TINGGI DALAM PERSPEKTIF HAK ASASI MANUSIA (STUDI PERGURUAN TINGGI DI KOTA PEKANBARU) Saujani, Ersya Putri; Jayakusuma, Zulfikar; Separen, Separen
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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The policy of the Minister of Education and Culture, which was recently issued inthe form of Minister of Education and Culture Regulation Number 30 of 2021, hasgenerated a lot of perception and even controversy among universities and society itself.This policy is related to the increasing prevalence of sexual violence in the highereducation sector which has a direct or indirect impact on optimizing the Tridharma ofHigher Education which is reduced as well as the quality of Higher Education whichexperiences a decline. All policies or regulations from the government, both from thepresident and from his staff, namely from the ministries, are of course based onconsiderations of various things.Sexual violence in higher education requires special attention from various parties,especially the government as the institution that has the authority to formulate regulationsrelating to sexual violence in higher education. Efforts to protect against sexual violenceare the responsibility of the state which has an obligation to fulfill the human rights ofevery citizen, which includes the academic community. The aim of this research is todetermine the analysis of Minister of Education and Culture Research and TechnologyRegulation No. 30 of 2021 regarding the phenomenon of sexual violence in highereducation environments. The benefit of this research is that the author wants to know howto understand the implementation of the Minister of Education and Culture Regulation No.30 of 2021 and how to understand it from a sociological perspective. This research issociological research obtained from sources related to the PPKS Task Force.The results of this research show that with the increasing number of cases of sexualviolence in higher education environments, this phenomenon ultimately encouraged theMinistry of Education, Culture, Research and Technology to create regulations relating tothe prevention and handling of sexual violence. This regulation was later namedPermendikbud Ristek (Regulation of the Ministry of Education, Culture, Research andTechnology) No. 30 of 2021. Therefore, Ministry of Education, Culture, Research andTechnology Regulation No. 30 of 2021 is a follow-up to the government's seriousness inhandling cases of sexual violence in higher education environments.Keywords: Sexsual Violence, Higher Education, Minister of Educations, ResearchCulture and Technology.

OPTIMALISASI UNIT PELAKSANAAN TEKNIS PEMBERDAYAAN PEREMPUAN DAN PERLINDUNGAN ANAK DALAM PENCEGAHAN KEKERASAN PADA ANAK DI PEKANBARU Helmi, Kiki; Rahmadan, Davit; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 11, No 1 (2024): Januari - Juni 2024
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Child protection is all activities to ensure and protect children and theirrights so that they can live, grow, develop, and participate optimally inaccordance with the dignity of humanity, and receive protection from violenceand discrimination. Violence against children in Indonesia from time to timecontinues to occur, even though children are the successors and assets owned bythe nation who will maintain, and realize the ideals of the nation. Women'sempowerment and child protection are critical aspects in efforts to preventviolence against children in Pekanbaru.This type of research is sociological legal research (social legal research),Data obtained by literature review techniques and interviews. This researchfocuses more on the role of the implementation unit for women's empowerment &child protection (UPT PPA) in Pekanbaru City in increasing protection andassistance to children from acts of violence.The results of the study concluded that, first, Efforts made in increasingthe role of the implementation unit for women's empowerment & child protection(UPT PPA) in overcoming criminal acts of violence against children inPekanbaru City are, conducting socialization and education related to theprevention of violence against children and domestic violence, as well as trainingfor domestic violence task force representatives in urban villages in Pekanbarucity, Coordinating with local governments related to a very minimal budget fiberCoordinating with institutions related to the needs of clients or victims of childabuse. Second, the obstacles or constraints faced by the implementation unit ofwomen's empowerment & child protection (UPT PPA) in Pekanbaru City inovercoming criminal acts of violence against children are, (1) lack of budget inproviding assistance to victims of child abuse (2) victims or families who do notreport (3) when children who are victims of violence cannot provide informationbecause they have been affected by their psychological state, (4) lack of facilitiesand infrastructure and (5) lack of professional human resources.Keywords: Children, Violence, Women's Empowerment and Child Protection.

PERLINDUNGAN HUKUM TERHADAP PEREMPUAN KORBAN PELECEHAN SEKSUAL DALAM PERSPEKTIF HUKUM PIDANA INDONESIA Tomanda, Diva Beauty; Artina, Dessy; Elmayanti, Elmayanti
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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Everyone has human rights, one of which is legal protection. Victimprotection revealed that in principle it has been regulated in Law Section Number12 of 2022 concerning Crimes of Sexual Violence in articles 42 to article 47concerning Victim Protection. In accordance with the provisions of Article 4 ofthe Witness and Victim Protection Law, witness and victim protection aims toprovide a sense of security to witnesses and/or victims in providing informationduring any criminal detention process. Therefore, the aim of this thesis researchis firstly to explain the legal protection for female victims of sexual disclosurefrom the perspective of Indonesian criminal law, secondly to describe theweaknesses contained in the PSK Law regarding the legal protection of femalevictims of sexual disclosure.This research is normative legal research, referring to positive legalnorms that apply in Indonesia to answer issues that exist on the surface. This isbased on library research which takes quotations from book readings, orscientific research as support that is related to the problem to be researched. Thisresearch uses secondary data sources consisting of primary, secondary andtertiary legal materials. This research also uses qualitative data analysis andproduces descriptive data.From the results of the discussion it was concluded that, firstly, legalprotection for women who are sexually victims is discussed in the Criminal Lawin Indonesia regarding the restoration of victims' rights, while technicalprotection is mandated by the Witness and Victim Protection Law. The secondobstacle in legal protection for victims of sexual disclosure is that the realizationof the LPSK's duties and authority in the PSK Law is not specifically regulated ina separate provision or chapter, the victim is actually re-criminalized by theperpetrator through the ITE Law in the article on defamation, a culture ofblaming the victim, legal sanctions are required. For perpetrators of restitutiveviolence, many forms are open but the laws used are still the same, resulting inlegal violations. The author's suggestion is that regulations are needed thataccommodate a sense of justice for victims of sexual harassment. It requires astrong desire by each stakeholder to ensure that all stages run correctly.Keywords: Legal Protection, Victims, Sexual Harassment

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