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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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Articles 199 Documents
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PELAKSANAAN HAK KESELAMATAN DAN KESEHATAN KERJA KARYAWAN PABRIK KELAPA SAWIT PT. PERKEBUNAN NUSANTARA V SEI GARO DI KABUPATEN KAMPAR BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Arif Chandra Saragih; Firdaus '; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Abstract

Workers are the sole responsibility of the company. Entrepreneurs are people who run the company, which is managing the company, better manage yourself, manage or through another person or the help of others, and employers may be an individual or legal entity. Safety is a program created for the workers / laborers and employers in an effort to prevent the occurrence of occupational accidents and diseases caused by working relations in the work environment by identifying the things that potentially cause accidents. The high number of accidents showed adequate management of the company in the implementation of the safety and health of workers. So, to reduce the number of accidents, it is considered very necessary to have legal protection against any employee or employment under the legislation. Especially employees working in the factory and factory workers who work at night are certainly at risk of work accidents is higher and nutrient intake or pudding is better than the employees who work in the office and other field.This type of research can be classified in this type of sociological juridical research, because this research author directly conduct research on the location or point examined in order to provide a complete and clear picture of the issues examined. This research was conducted at PT. Perkebunan Nusantara V Sei Garo Kampar, while the sample population is a whole party with regard to the problems examined, the data source used, primary data, secondary data and data tertiary, data collection techniques in this study with interviews and literature study.From the research of this problem has three main things that can be inferred. First, the implementation of occupational safety and health of employees mills in PT. Perkebunan Nusantara V Sei Garo has not done well and have not been efficient. Second, obstacles to the implementation of the safety of employees mills in PT. Perkebunan Nusantara V Sei Garo is the lack of human resources, lack of personal protective equipment, work locations that are less clean and a lack of understanding and awareness of the employees themselves. Third, efforts to do that is to provide competent human resources, provide personal protective equipment, maintain the cleanliness of the work site and provide extra fooding.Keywords: Implementation - Safety and Health - Employee
PERLINDUNGAN HUKUM TERHADAP HAK TENAGA KERJA WANITA DI PT. BEKA ENGINEERING PANGKALAN KERINCI BILL CLINTON; Rika Lestari; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Women workers are given privilege of rights over men because women are undergoing reproductive functions that are not owned by men. Menstruation, pregnancy, childbirth, abortion and breast-feeding are the nature of women that have been given by God Almighty. Therefore, special protection to women are needed , so that the productivity in the workplace and at home is spirited. But in reality at PT. Beka Engineering Pangkalan Kerinci, the rights of women workers are still being ignored by the company. The objective of this thesis was to find out; First ,The legal protection of the rights of women workers, second, The factors inhibiting the legal protection of the rights of women workers.This research was juridical sociological that used the correlation between law and society. This research was conducted at PT. Beka Engineering Pangkalan Kerinci, the population and sample of this research was whole side regarding to the issues in this study, the data were primary, secondary , and tertiary data. The techniques of collection data were interviews, research library, and questionnaires.There were two main things that can be concluded . First, the legal protection of woman workers at PT Beka engineering pangkalan kerinci is still not running well, such the right of freight shuttle, properly bathroom facilities/ wc, nutritious foods and drinks, maternity leave, menstrual leave, decent wage. It started because of the wowen workers themselves didn’t know their rights. It affected they didn’t get the right they should get because they were ignore by their company. Second, the obstacles to granting the rights of women workers of PT. Beka Engineering Pangkalan Kerinci are the lack of budget funds to fulfill the rights, the company’s lack awareness, company’s habit, the motivation of income, the lack of supervision and socialization of labor offices and transmigration, the lack of sanctions’ enforcement as well as the lack of workers’ knowledge themselves about the rights that should be obtained.Keywords: protection of rights - female worker - PT.Beka Engineering
PENEGAKAN HUKUM PIDANA TERHADAP PEREMPUAN DARI TINDAK PIDANA PERDAGANGAN MANUSIA DI KECAMATAN TENAYAN RAYA Rendy Rio Pratama; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Human trafficking is a crime that is extraordinary, because impact of human trafficking on the victim and the darting of an environmental bad about. Governments find it difficult to handle the cases of human trafficking, because the perpetrators of the actors using various modes in carrying out the action. in District Tenayan Kingdom trade in human beings handling legal cases less effective, karana in some villages are still many open nightclubs and the localization of the localization tends to occur crime of trafficking in women under age.This type of research to be conducted sociological research that want to see the correlation between law and society, so as to reveal the effectiveness of the rule of law in society. This study bersifatdeskriptif which the author tries to give an idea of the reality of the complete, detailed, and clear about the issues examined. The conclusions that can be drawn from the enforcement of criminal law in the legal protection of women from the crime of trafficking in women in the Police Sector Tenayan Kingdom has not run as it should be proven because their public reports of trafficking cases was revealed.If people do not report these cases may be the case is still going on until today. Factors pengahambat the Police Sector Tenayan Kingdom in enforcing the law against women from the crime of human trafficking victims are just tough questioning. As well as the extent of the districts Tenayan Kingdom who make less than the maximum performance of the police, so that the public report is needed. An attempt by the Police Sector Tenayan Kingdom in addressing cases of human trafficking in the village Maridan District of Tenyan Kingdom improve relations with Waraga living in the border region of Pekanbaru Regency Siak because they in coastal areas are common crimes and dikarnakan them away from the Police Sector Tenayan Kingdom so that people do not want to know the crimes that occur in their territory.Keywords: Law Enforcement - Crime - Human Trafficking
PEMBATASAN HAK PILIH TENTARA NASIONAL INDONESIA DAN KEPOLISIAN NEGARA REPUBLIK INDONESIA DALAM PEMILIHAN UMUM DI INDONESIA Alfianim '; Dodi Haryono; Abdul Ghafur
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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In this reformation era, there were discourses on the recovery of the right to vote for members of the Indonesian National Army (TNI) and Indonesian National Police (Polri) in the General Election. The desire of the recovery based on the development process of democratization that puts the right to vote as a fundamental right that can't be criss / violated by the State. The purpose of this essay, that is ; First, How is the restrictions adjustment on suffrage to select the Armed Forces of Indonesia and the Indonesian National Police in the General Election in Indonesia. second, whether the setting restrictions on the right to select the Armed Forces of Indonesia and the Indonesian National Police in Law Number 42 Year 2008 on General Election of President and Vice President of the draft Law Number 8 Year 2012 on General Election of members of the House of Representatives, Regional Representatives Council, and Regional House of Representatives in accordance with the Constitution of the Republic of Indonesia Year 1945, Third, How does the ideal setting suffrage Indonesian Armed Forces and the State Police Republic of Indonesia in the General Election in Indonesia. This type of research is a can be classified in this type of study Law Normative Law research, law research literature by researching legal principles. From the research results there are three main issues that can be inferred. First, the power settings on three periods of decline. In the Orde Lama, the armed forces and the police were given the right to vote in the election. In the Orde Baru, the Armed Forces are not given the right to choose, but the presence of the ABRI in the political sphere are specifically regulated through the mechanism of appointment in legislative institution. Whereas in the Reform Era, the right to vote and to vote for members of the military and police removed so that the military and police only carry out the task of the State without political rights inherent in the institution. Second, setting restrictions on the military and police suffrage in the election correspond with the Constitution of the Republic of Indonesia Year 1945. But the problem is the development of a democratic society in Indonesia has led to political consolidation in terms of providing same privilege for every citizen. Third, ideally right to choose the military and police in the election is a recognition of the right to vote the military and police as part of the protection of the human rights, strengthen democracy through voting rights of TNI and Polri, changes in regulations related to the protection of the right to choose the military and police.Keywords :Suffrage-TNI and POLRI-General Election
TINJAUAN YURIDIS MENGENAI PENGANGKATAN PENYELIDIK DAN PENYIDIK PADA KOMISI PEMBERANTASAN KORUPSI (STUDI KASUS PUTUSAN PRA PERADILAN NOMOR 36/Pid.Prap/2015/PN.Jkt.Sel) SIRINGORINGO, JASTIN MIKSONDES; ', Erdianto; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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One of the new legal institutions created in the book of the law of criminal procedure is the Pretrial, then from that point on, the exsistence of chaotic appointment about some investigating officer in police of Republic of Indonesia by the Corruption Eradication Commission which becomes a prolonged polemic for the agencies concerned and the investigating officer’s appointment were not from police institution. Within the case Hadi Poernomo as the petitioner submit pretrial petition towards the appointment onsidered contrary the point because is not present in the code of criminal procedure which is detrimental for him towards investigation and investigating officer that have been carried out. The purpose of the writing of this scription is to know: First, investigation and investigation officer‘s appointment in pretrial petition Number 36/Pid.Prap/2015/PN.Jkt.Sel. Second, the appointment process of investigation and investigating officer in corruption eradication commision in case Number 36/Pid.Prap/2015/PN.Jkt.Sel already appropriate in prespective Integrated Criminal Justice System. Third, the legal consequences of the investigation and investigating officer‘s appointment in corruption eradication commision in pretrial petition Number 36/Pid.Prap/2015/PN.Jkt.Sel.This research used kind of normative because reviewing pretrial petition by Hadi Poernomo in case Number 36/Pid.Prap/2015/PN.Jkt.Sel that include the approach to cases, legislation and conceptual. Technique for collecting and processing of legal materials in the writing of this scription is to collect legal materials of primary and secondary legal materials, which are then carried out an inventory and analysis of both the primary legal materials nor secondary law materialsBased on the result, there are three main things that can be concluded. First, based on the code of criminal procedure valid until nowdays calrify that Corruption Eradication commision does not have authory to make appointment about the investigation and investigating officer who did not come from the institution Indonesian National Police and the Attorney General of the Republic of Indonesia. Second,according to the perspective of the Integrated Criminal Justice System, the authority of the Corruption Eradication Commision to conduct the appointment of investigation and investigating officer in the case Number 36/ Pid.Prap/2015/ PN.Jkt.Sel is not appropriate because according to the law it is a deviation from the provisions applicable for the on going Integrated Criminal Justice System. Third, the appointment of investigator and investigating officer at the Corruption Eradication Commission in case Number 36 / Pid.Prap / 2015 / PN.Jkt.Sel that deviate from the Code of Criminal Procedure Code and Law Number 30 Year 2002 on Eradication Commission Corruption itself, then the activities of inquiries and investigations that have been carried out is an activity that resulted in formal defect such activities become null and void.Keywords : Investigation – Investigating officer – Pretrial
PENYELESAIAN PERKARA TINDAK PIDANA PERKELAHIAN ANTAR WARGA MENURUT HUKUM ADAT MELAYU RIAU BAGANSIAPIAPI Fitri Yanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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In Indonesian positive law, criminal matters must be resolved in criminal court, however in possible existence thing outside the court, one of wich was resolved in through customary law, suchas those found in the area Bagansiapiapi advanced research aims. First, know and analyze the completion of criminal fights between residents under melayu Riau customary law. Second, investigate and analyze whether the settlement fights between residents in line with the nature of criminal law. Third, investigate and analyze whether the legal consequuences an indigenous Malaysia is completed in the criminal justice system. This research type is an sociologi emperical research, conducted in Kabupaten Kampar district of Bangko. Capital of Bagansiapiapi population is parties associated with the problems examined who used primary data, secondary data and tertiary data by collection technidues by means of interview and literature study.Form the research hhere are three conclusions is First, resolution criminal case fights between residents in Bagansiapiapi done with fig kindship or deliberation to reach a decision agreed by both parties that the way to make peace. Second, settlement criminal case fights residedents in Bagansiapiapi line with the nature of criminal law as public law since the completion of the selected selected process not only search a legal certainty but also presented the facts that three settlement criminal case fighting between the citizen has the legal effect of the process of completion which the victim does not want reconcile be solved through litigation and hoped that the perpetrators can receive and execute all the penalties that have been decided by and comply with all the regulations in accordance with applicable law.Suggestions follow is first, author suggested that the settlement process through the criminal law should be maintained in every problem that occurs in the middle by means of deliberation and consensus so that the dispute can be resolved peaceful manner. Second, is recommended for legal review and explore the values and local wisdom that is run by the community with a number of laws related to the presence of the authority of traditional institutions in resolving a case of indigenous that recognized and its authority in resolving a person law. Third, suggessted that the traditional leaders can improve the skill example in manufacture letter which will be a bond sanctions are more severe if the perpertrators of criminal acts repeated do fights.Keyword: Settlement additional - Custumary Law
PENEGAKAN HUKUM TERHADAP MASYARAKAT YANG MELAKUKAN TINDAK PIDANA MELAWAN APARAT YANG SEDANG BERTUGAS OLEH KEPOLISIAN RESOR SIMALUNGUN Prima Rianto Hutagaol; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Law enforcement officials, especially the police often get resistance or violence while performing their duties. Especially common violence or persecution community.Based on this understanding, the authors formulate three formulation of the problem, namely: First, What are the factors that cause people commit criminal acts against the officers who were on duty by the Police Simalungun. Secondly, What are the problems faced by the law enforcement agencies to enforce the law against people who commit criminal acts against the officers who were on duty by the Police Simalungun. Third, How the efforts of law enforcement to address the problems in law enforcement against people who commit criminal acts against the officers who were on duty by the Police Simalungun. This type of research can be classified in this type of sociological juridical research, because this research author directly conduct research on the location or point examined in order to provide a complete and clear picture of the problems to be studied.This research was conducted at the Police Simalungun, while the sample population is a whole party with regard to the issues examined in this study, the data source used, primary data, secondary data, and the data terier, technical data collection in this study with interviews and literature study then analyzed qualitatively and process data and generate descriptive data and then inferdeductively.From the research there are three main issues which can be summarized as follows: First, the factors that cause people commit criminal acts against the officers who were on duty by the Police Simalungun. Second, the issues facing law enforcement in enforcing the law against people who commit criminal acts against the officers who were on duty by the Police Simelungun is still lacking law enforcement professionals, which is where the low level of public awareness, and not maximal performance of the Police. Third, the efforts of the law enforcement agencies to tackle the problem of enforcement against people who commit criminal acts against the officers who were on duty by the Police Simalungun is with preventive action, action peventif that prevention efforts are carried out prior to the criminal act in terms of crime prevention Police Criminal Investigation Unit conducted socialization. Keywords: Law Enforcement Criminal Investigation Unit-Crime-Persecution
LEGAL STANDING PEMANTAU PEMILU SEBAGAI PEMOHON SENGKETA HASIL PEMILIHAN KEPALA DAERAH DENGAN CALON TUNGGAL Arwi Aqif; Mexsasai Indra; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Legal standing is a prerequisite for filing perselisian material in the local election results to the Supreme Komstitusi. Implementation of the elections with a single candidate in 2015 the Constitutional Court has given a chance on election monitoring as a legal subject or the applicant in the dispute in the elections. The purpose of this thesis, namely; First, to know how the legal standing of election observers in election disputes with a single candidate, Secondly, to know how is the concept of dispute resolution with a single candidate election.This type of research is classified study of normative law this study further discusses the legal synchronization. The source of data is secondary data which is divided into 3 (three), which is the primary legal materials, secondary and tertiary. In the data collection methods of documentary study literature or studies. Data were analyzed quantitatively, the descriptive outline of the data obtained.From the research, there are two main things that can be inferred. Firstly, the Constitutional Court provides the opportunity for election monitoring as a legal subject / applicant in the dispute to the constitutional court which were previously not regulated in the Law on the Constitutional Court. Regarding the election observers as an applicant to the Constitutional Court that has been set in the PMK 4 in 2015 is contrary to the Law on Constitutional Court No. 25 Year 2003. Two, dispute resolution of disputes with a single candidate as well as the settlement of disputes in general. single candidate election implementation and completion of the election with a single candidate does not fit in the concept of democracy in their preferred electoral system more than one pair of candidates. Elections without konstestasi pemulu essentially not ideal in a democracy. The Constitutional Court is expected to issue a sage in any existing regulations, and the Government of the House of Representatives is expected to revise the Law on the Constitutional Court Number 24 of 2003 to enable the synchronization with existing regulations.Keywords: Legal Standing - Dispute Court.
PERAN PENYIDIK RESERSE KRIMINAL UNIT II (DUA) POLISI RESOR PELALAWAN DALAM PENANGANAN TINDAK PIDANA PERUSAKAN HUTAN DI WILAYAH HUKUM POLRES PELALAWAN SRI RAHAYU; Mexsasai Indra; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Pelalawan which is one of the districts in the province of Riau . This district suffered very severe damage to forests , this is caused by the illegal logging and burning of land carried out by the responsible party. actions taken by police investigating criminal detectives Pelalawan resort is to take some action. District detectives investigate criminal conduct investigations for violations of illegal logging and the inspection is to catch and hold the perpetrators of crimes against forest destruction , investigators also seized evidence that is used to destroy forests conducted by parties who are not responsible , but the implementation of the role of police investigators kiriminal resorts Palalawan have not done as we expected because there are still many obstacles faced by investigators in handling the destruction of forest.Cnstraints experienced by the investigator in the prevention of deforestation in Pelalawan district is limited means and facilities to prevent the destruction of forests , such as operational vehicles , investigators were lacking , and the funds are limited and difficult to find evidence and perpetrators of the forest . Eforts made to overcome the obstacles existing by adding facilities and infrastructures , adding police investigation , proposed budget for the cost of the process of investigation and repression of acts of criminal damage to forests , while also coordinating with related agencies such as the local community as well as investigators more , and to supervise and patrols in areas prone to illegal logging .Keywords : Investigation - Crime - Forest Destruction
PELAKSANAAN KOORDINASI INTERNAL KEPOLISIAN RESOR KAMPAR DENGAN POLRESTA PEKANBARU DALAM PENERBITAN SURAT KETERANGAN CATATAN KEPOLISIAN BERDASARKAN PERATURAN KEPALA KEPOLISIAN NEGARA REPUBLIK INDONESIA NOMOR 18 TAHUN 2014 TENTANG TATA CARA PENERBITAN SURAT KETERANGAN CATATAN KEPOLISIAN H, PATAR ALEXANDER; ', Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Police Notes Certificate is officially given by the police to an individual citizen is concerned for the sake of fulfilling a request for such a purpose because of the prerequisite conditions based on the results of antecedents that person.That the Police Notes can take precautions against citizens ever committing a crime and facilitate the police in uncovering the incident or crime through the person's record notes. Then the execution of internal coordination within the agency and outside the region in agencies as well as with other agencies is needed in order to realize the internal security .In fact Execution in Kampar district police to Pekanbaru Police have not been able to run well purpose of this thesis is to find out; First, how the Implementation Coordination of Internal Police in Kampar to Pekanbaru Police Police Notes issuance. Secondly, what the Implementation Coordination constraints faced by Kampar district police in Publishing Pekanbaru Police Police Notes, Third, efforts to overcome the Implementation Coordination is not running and address of the Breach Publishing Police Notes. This research used kind of research Yuridis sosiologis that is seen by correlation between law and society. This research is done in society organization class II A pekanbaru, meanwhile population and sample is all of sides that relate with the problem that is researched. In this research, the source of data is used primer data, sekundar data and tertier data, technique for collecting the data in this research are interview, literature, and questioner From the research , there are three main things that can be concluded first , that the implementation of the Police Coordination Kampar and Pekanbaru Police are still not operating effectively . It started from the mechanism used and existing resources in Intelkam . Secondly, the obstacle in the implementation of the Coordination namely Infrastructures . Third , efforts to overcome the Implementation Coordination overcome are not going to make changes in the implementation mechanisms of publication , to evaluate the performance of the police , residents of the community to update the data every month , Improved Coordination of Internal and External .Keywords: Implementation - Internal Coordination - Publishing SKCK

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