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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 114 Documents
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Search results for , issue "Vol 4, No 1 (2017): Wisuda April 2017" : 114 Documents clear
INJAUAN YURIDIS TERHADAP WANPRESTASI PADA ASURANSI DI PT. ASURANSI TAKAFUL KELUARGA (STUDI PERKARA NO. 107/Pdt.G/2013/PN.Mdn) Redha Rahayu; Mardalena Hanifah; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Human life, consciously or not definitely at risk. Risk can come from a variety of things that are not expected, but from a possibility. It's just, how much risk would be faced by the person concerned, is very dependent on the activities undertaken. To cope with possible risks that can threaten at any time, where the risk can cause losses. Thus the role of non-bank financial institution insurance is needed. Insurance is divided into two konvensioanal insurance and Takaful. Insurance field problems are found, not only in conventional-based insurance namaun also in syariah-based insurance. As is the case between Bank Bukopin and Family Takaful Insurance Case Number 107/PDT.G/ 013/ PN.Mdn of default.The purpose of this paper is: first, to know the basic consideration of the judge in deciding case Number 107/PDT.G/2013/PN.Mdn. second, to determine the judge's decision No. 10/ PDT.G/ 2013/ PN.Mdn already meets the principles of legal certainty in determining the rights and obligations of the parties to the insurance agreement.This type of research can be classified into types of normative juridical research, because this research done through the written data by examining the literature data, the data source used, primary data and data tertiary secondary data, data collection techniques in this research with the literature method.From the research there are fundamental problems that can not pay the takaful insurance disimpulkan.pihak kopensasi fund insurance claims by Bank Bukopin. And also the evidence submitted was not examined because the court only ruled that the plaintiffs did not have legal standing to another investigation was not carried out. Because of the rights of the claimant or insurance clients are not met.Keywords: Overview - Default – PT. Insurance Takaful
Berakhirnya Memorandum of Understanding Antara Pemerintah Indonesia dan Malaysia Tahun 2006 Tentang Domestic Workers Menurut Konvensi Wina 1969 Eno Prasetiawan; Mexsasai Indra; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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The Government of Indonesia and Malaysia made an International treaty in the form of a Memorandum of Understanding (MoU) on Domestic Workers or about the recruitment and placement of Indonesian migrant Workers (TKI), especially domestic helpers (Housemaid) or so-called female workers informal sector in Malaysia in 2006 applicable 5 years. In practice, in 2009 Indonesia suspend implementation of the agreement to a moratorium on sending migrant workers to Malaysia for reasons of torture cases migrant workers in Malaysia. Furthermore, the MoU was amended in 2011 to change some settings on legal protection for migrant workers in Malaysia. As known in international law which applies the principle of pacta sunt servanda, where the agreement was binding and enforceable as a law for the parties.The problems posed in this paper is about the termination of the MoU Indonesia and Malaysia in point of view of the Vienna Convention 1969 and Indonesian Act No. 24 of 2000 about International Treaties, legal protection for workers contained in the MoU, and legal protection for workers after the expiry of the MoU. This research is a normative study, which examines the legal principle.From this research, it can be seen a few things. First, that the expiry of the MoU and amendment procedures are actually the MoU is in conformity with the agreement of the parties as to which is set also in the Vienna Convention of 1969 and Indonesian Act No. 24 of 2000 on International Treaties. Second, the legal protection for workers contained in the MoU is weak, because the MoU is set to a technical recruitment and placement of migrant workers and not paying attention more specifically on the protection of Indonesian migrant workers in Malaysia. Third, after the amendment of the MoU there are some changes for the better, but still not able to reach better legal protection for Indonesian domestic workers.Keywords: termination of the agreement, MoU, Indonesian Workers Protection Law.
PENEGAKAN HUKUM OLEH KEPOLISIAN DALAM TINDAK PIDANA PENCURIAN DENGAN KEKERASAN DI KEPOLISIAN RESOR INDRAGIRI HILIR Zulham Daris Firidho; Erdianto Effendi; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Theft with violence in Indragiri Hilir often happens because of the population growth is increasingly growing, so as to create conditions of population growth affect the socio-economic conditions of society, especially relating the fulfillment of the necessities of life and employment field. Theft with violence occurred in 2013 and 2015 amounted to 67 cases successfully handled by Police Indragiri Hilir, the number was certainly very much and very harm the victim.This type of research is classified as socio-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 the Police Indragiri Hilir, 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 tertiary, data collection techniques in this study carried out by interviews, questionnaires, and literature study.The research problems are, among others: first, What factors encourage the offender committed the crime of theft with violence in the Police Resort Indragiri Hilir, second, What forms of preventive efforts undertaken by the investigator Police Resort Indragiri Hilir the criminal case of theft with violence, third , What efforts should be made by the investigator to conduct repressive efforts against the criminal cases of theft with violence in Indragiri Hilir. Results of the study are: first, the cause of the crime of theft with violence actually originated from the education factor, everything in an instant though in a way that is not true of society whose economy is down to the middle tend to commit the crime of theft with violence, the second, preventive efforts Police Indragiri downstream of the criminal case of theft with violence, among others; Conducting Kring Serse in order mastery region, narrowing the motion offenders in particular theft with violence, early detection of the perpetrators of crimes of theft with violence by gathering as much information crimes including theft with violence and syndicate groups, third, repressive efforts against cases of crime of theft with violence in Indragiri Hilir to take action against the perpetrators in accordance with the deeds and fix it back so that they are aware that the act of doing was a violation of law and detrimental to the public, so as not to repeat it and others will not do so given the sanctions that bear a very heavy.Keywords: Law Enforcement - Crime - Curas
IMPLEMENTASI UNDANG-UNDANG SISTEM PERADILAN PIDANA ANAK DALAM PENGGUNAAN UPAYA PAKSA TINDAK PIDANA NARKOTIKA OLEH KEPOLISIAN RESOR KOTA PEKANBARU Astuty, Deny; ', Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Abstract

Indonesia is a country where narcotics crime is an extraordinary crime, that can affect the life of the nation which became the successor state of the nation and future goals. Narcotics crime is not looking at anyone who commits this crime, minors can become the subjects and the victims of this narcotics crime. Narcotic crime is unconventional form of crime that conducted systematically, using a great modus operandi with advanced technology and done in a well organized. The eradication of criminal acts of narcotics required performance of the police which originated from the stage of the investigation to law enforcement in the form of force efforts against minors.Accordance with the above description, the writer is interested to do research with the title Implementation of Act Criminal Justice System of Children in Use for Force Attempts of Crime by Police Resort of Pekanbaru. The writing of this thesis aims to know, First the implementation of act criminal justice system of children in the use of force efforts by police resort of Pekanbaru. Second, to find out what becoming obstacles in implementation of act criminal justice system of children in the use of force efforts by police resort of Pekanbaru. Third, to find out the efforts for overcome the obstacles in implementation of act criminal justice system of children in the use of force efforts by police resort of Pekanbaru.The writing of this thesis, the writer uses the methods of sociological research . The sociological research is research done by identifying the law and how the effectiveness of the law prevailing in society. The nature of research is descriptive, tha give an overview in detail about implementation of act criminal justice system of children in the use of force efforts by police resort of Pekanbaru. giving a clear and detailed picture of the implementation of Law Criminal Justice System Children in Forced Efforts Using Narcotics Crime. The results of research carried out qualitative analysis and using deductive method, namely the problem of decomposition which are common to a certain case.From the results it can be concluded that in implementation of force effort narcotics crime commited by minors still in hesitance, especially in the form forceful measures of arrest, therefore the writer suggest to do revision to Act criminal justice system of children and Act Narcotics to make it more clear in terms of the law enforcement by investigator.Keywords: Minor Investigations - Narcotics Crime - Law Enforcement.
PERANAN LEMBAGA PEMASYARAKATAN DALAM MEMBINA MENTAL NARAPIDANA KHUSUS ANAK BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK DI LEMBAGA PEMBINAAN KHUSUS ANAK PEKANBARU HARRY ADRIAN; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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On April 27, 1964, as the home of Indonesia's prison has been converted into a correctional institution in accordance with the idea of Sahardjo who at that time served as justice minister. In the penal system, inmates and students correctional entitled to receive physical education and guarantee their rights to perform worship, dealing with outsiders it family or other parties, obtaining information through print and electronic media, a proper education and so forth , To get it all is the main task of implementing the law, among others, the Correctional Institution. The purpose of writing this essay, namely; First, to determine the role of the Agency is to foster the child's special mental prisoners under Act No. 11 of 2012 on the Criminal Justice System Child Development Institute for Special Children Pekanbaru. Second, to determine the mechanism of character development in the correctional institution inmate mental menbina special child. Third, to determine the factors that cause mental development of children has not been executed at the Institute for Special Children Pekanbaru. This type of research is a sociological research, because the authors of the study on the effectiveness of the laws in force. This research was conducted at the Correctional Institute Children Pekanbaru city, while the sample population is a whole party related to the issues examined in this study, the data source used, primary data, secondary data and data tertiary data collection techniques in this study with interviews, questionnaires and literature study. From the research problem there are two main things that can be inferred. First, the role of the State Children's Correctional Institute Pekanbaru (LPKA) in the implementation of the rights of students / inmates have not been implemented to the fullest. Second, the mechanism of mental coaching LPKA Pekanbaru performed in conjunction with the guidance mechanism. Third, Barriers to mental coaching run LPKA is about infrastructure and budget issues. Advice writer, First, the role of which do LPKA should be implemented to the maximum in accordance to Law Number 11 Year 2012 on Juvenile Justice System. Second, the mechanism of mental coaching is not supposed to be united with the skills and education training mechanism. Third, barriers should not be an obstacle for Law No. 11 Year 2012 on Juvenile Justice System already regulate the rights of students / inmates of children.Keywords: Inmates - Coaching - Mental - Children
TINJAUAN YURIDIS SURAT KETERANGAN (COVERNOTE) DALAM PEMBERIAN KREDIT KONSUMEN DENGAN JAMINAN SERTIFIKAT TANAH YANG DIBEBANKAN HAK TANGGUNGAN PADA PT. BPR TUNAS MITRA MANDIRI PEKANBARU Tengku Indra Adiputra; Maryati Bachtiar; Dasrol '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Society generally still believe that Professional Notary And PPAT have in common, but both Profession Among these are differences, case singer or between lie caused Notary PPAT usually occupied by same thing. Notary officer sales manager that is authorized to review make authentic act and have more authority as hearts revoked Article 1 of Law No. 2 of 2014 ABOUT Amendment Act No. 30 of 2004 ABOUT Notary. And in deed between letter made by Notaries, Notary usually make certificate also, only prayer is a form of letter "Covernote".Purpose o f research singer, for knowing consideration PT. BPR Mitra Mandiri Tunas Pekanbaru with hearts give credit collateral land titles the basic differences imposed security rights basis Covernote certificate or, for knowing the position of the certificate or Covernote hearts security law on with collateral lending practices certificate soil that charged security rights.Covernote role is to help the binding process credit review what where parties BPR TMM increased its guarantee is the right of dependents. The Covernote often used as evidence assurance / grip temporary share hearts Bank credit disbursement process, then hearts certificate issuance security rights Covernote become part of the process of forming prayer events that treaty law credit loan agreement and collateral agreement / binding encumbrance. The binding process warranty certificate ground charged encumbrance until with tied with Perfect is expected to take approximately three (3) months from the date of power attorney Installing security rights (SKMHT) Published, so it can be ascertained if process of loan disbursement done taxable income the completion of the process Then binding security rights will cause operational disruption Services Bank, particularly Subscribe with lending.Supposedly There a provision as a legal umbrella Notary The issuing Covernote and parties-parties the interest thing using services Notary especially subscribe with Covernote purpose to minimize the disadvantage good from parties Notary or from parties users Notary services (Bank) and suggested shown to the parties the Bank to always do evaluation performance with Notary that has collaborated Bank, with attention to the Notary success rate fg hearts do binding of security rights.Keywords: Covernote Notary - Security Rights
PERANAN ADVOKAT SEBAGAI KUASA HUKUM DALAM MENGHADIRKAN PARA PIHAK PADA PERKARA MEDIASI PERCERAIAN NOMOR: 300/PDT.G/2011/PA.PBR DI PENGADILAN AGAMA PEKANBARU Nurkamilah '; Mardalena Hanifah; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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In completing the legal issues, the litigants will satisfy the demands of rights aims to obtain legal protection. Dispute resolution used by the parties one of which is through mediation is a way of solving the problem with the aim of reaching agreement between the parties with the assistance of a mediator. Implementation of mediation is also done in the Religious Court based civil judicial and justice of Islam in Indonesia. Stage reconciling the parties initially contained in Article 130 HIR / RBG 154, then the Supreme Court of the Supreme Court issued Regulation No. 1 Year 2016 About the Mediation Procedure in court. In resolving a dispute many parties choose to use services of lawyers because they feel it easier to solve the problems and enlightened law, but it should be noted that not all the stages of the settlement can be represented by an advocate. One of them is in the process of divorce mediation in the Religious, advocates can only assist the parties and is not allowed to represent the party as a whole in the implementation process of mediation. This is in accordance with Article 82 of Law No. 7 of 1989 About Jo Religious Courts Law No. 50 of 2009 Regarding the second amendment to Law No. 7 of 1989 About the Religious CourtsI researched this research establishes key issues about how the role of lawyers as legal counsel in mediating a divorce case in the Religious Court of Pekanbaru and how the effort and the legal consequences within the constraints faced by lawyers in the case of divorce mediation divorce Number: 300 / Pdt.G / 2011 / PA .PBR Religious Court of Pekanbaru.The method used in this research is a kind of sociological research is the research field to see the effectiveness of the law. While the nature of the research that I use is explorative which aims to deepen the knowledge about the symptoms of the law on "the role of lawyers as legal counsel in bringing the parties to the divorce mediation cases Number: 300 / PDT.G / 2011 / PA.PBR Religious Court of Pekanbaru" , From the research that I researched that the role of lawyers as legal counsel in mediating a divorce case in the Religious Court of Pekanbaru is to provide legal understanding of how the judicial procedure in the Religious Court. advocates further efforts made in the face of constraints on divorce mediation cases Number: 300 / PDT.G / 2011 / PA.PBR Religious Court of Pekanbaru is to give the judge announcing a call addressed to the applicant to be present directly in carrying out mediation.Keywords: Role of Advocates - Mediation - Religious Court
Peranan Penyidik Kepolisian Republik Indonesia Dalam Mengungkap Tindak Pidana Penipuan Penempelan Nomor Call Center Palsu Pada ATM di Wilayah Hukum Kepolisian Sektor Tampan Pekanbaru Ferdian, Wan Gilang; Effendi, Erdianto; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Abstract

Indonesian National Police is the law enforcement institutions, in accordance with the basic tasks set out in the Police Act No. 2 of 2002 on the Indonesian National Police, namely as protector, steward and law enforcement. In this advanced era, make payments through online transactions or credit card is considered safer and easier than having to bother carrying cash because of the risk being robbed. But credit or debit cards are also not free from the threat of crime. Cases which the author adopted in this study is about a fraud case with the mode of attachment of the fake call center number at the ATM machine.Based on case data that was obtained from the Police Sector Tampan on crimes committed on the ATM machine in the District Tampan, that in 2015 there were 6 cases. as well as the number of cases is increasing in the last three years. In this case relates to the role of the police investigator republic of Indonesia in exposing criminal fraud attachment Call Center number at an ATM in the jurisdiction of the Police Sector Tampan Pekanbaru City. The purpose of this thesis, namely First, Role Investigator Police of the Republic of Indonesia in exposing criminal fraud attachment of a number of false call centers at the ATM in Jurisdiction Police Sector Tampan Pekanbaru, two barriers in exposing Crime Fraud Adherence Number Call Center Fraud at ATMs in the jurisdiction Tampan Pekanbaru Police Sector, Third efforts to overcome obstacles in uncovering Crime Fraud Call Center Number Adherence to the ATM in the jurisdiction of Police Sector Tampan Pekanbaru.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 studied to provide complete and clear picture of the issues examined. This research was conducted in the Police Sector Tampan ,Pekanbaru city, while the sample population is a whole party with regard to the issues examined in this study, the data source used the primary data, secondary data, and the data tertiary, data collection techniques in this research with questionnaires, interviews, and review of the literature.From the research there are three main issues that can be inferred. First, in exposing criminal fraud pasting fake call center number at an ATM, the investigator takes the role and concern of the community as well as in terms of security officers thus simplifying the process of inquiry and investigation. Second, the barriers faced by sector police Tampan Pekanbaru in exposing criminal fraud fake call center there are two (2) factors, internal factors and external factors. Third, efforts made by the Police Sector Tampan Pekanbaru in exposing criminal fraud call center number of false attachment has two attempts namely through the preventive and repressive efforts. Suggestions Author, First, The investigator should coordinate with the banks to add security cameras in every corner of the location of the ATM machine that can record all the activities people perform transactions at ATMs or other activities. Secondly, To the ATM card users should always keep the number of complaints given by the bank to be stored in the phone.Keywords: Role – Criminal Act - Fraud
PENGATURAN PERLINDUNGAN HUKUM TERSANGKA YANG MENGALAMI TINDAK KEKERASAN DALAM PROSES PENYIDIKAN DIKAITKAN DENGAN UPAYA PERLINDUNGAN HAK ASASI MANUSIA TERSANGKA satria, Beni; Indra, Mexsasai; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Law enforcement officers often consider that torture is best and easiest way to be able to extract information from a suspects. In fact, we often find media reports about the violence committed by the investigator in the investigation process to get confession from someone who allegedly committing a crime.As for the purpose of writing this thesis is to determine arrangements of legal protection to suspects who experienced crimes of violence in the investigation process and criminal accountability of violence committed by investigators associated with efforts to protect the human rights of suspects.In writing this thesis, the author use the normative research methods, which in this study by a literature review. To draw a conclusion from the collected data, the authors using data analysis techniques deductive, by draw a conclusion from general to specific conclusion.The conclusion that can be derived from this research are: First, the setting about law protection of abused suspects in the investigation process does not have special regulations, so there are still many loopholes for law enforcement officials committing acts of violence in the investigation process. Second, the criminal liability of the investigator who do violence to the suspect did not go as mandated by chapter 422 of KUHP, where there are many investigators who commit acts of violence in performing its duties escape from legal responsibility. As well as ineffective oversight of the process of investigations conducted by the superior based on rules of Criminal Investigation about supervisory investigation and the need for revision of these regulations in order to optimize the process of monitoring the investigation.Keywords: Regulation - Legal Protection - Suspect
TANGGUNG JAWAB DOKTER MUDA (KO ASS) DALAM PENANGANAN KESEHATAN TERHADAP PASIEN DI RSUD ARIFIN ACHMAD PEKANBARU Kristiningrum, Friska Dwi; Bachtiar, Maryati; ', Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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The young doctor co ass is a graduate medical student who follows secretariat co ass medical education in order to get the title of the medical profession. In undergoing the procces education of co ass young doctor co ass stationed in the hospital in order to undergo the practice of medicine action under the guidance of a master doctor or supervisor. In carrying out their education while in hospital young doctor co ass get an exception in the handling of medical to the patient, this is because the young doctor co ass has not had a SIP of that cause young doctor co ass does not have full responsibility to the patient, medical action perfomed by a young doctor co ass to be on instructions and under the authority of master doctors or supervisor. But in fact there has been a social offenses between master doctors with co ass young doctors to patients in RSUD Arifin Achmad Pekanbaru, physicians and phycisian young doctor co ass be disregarding the rights of patients to provide quality medical treatment. By law No. 29 of 2004 article 73 paragraph (2) explained that each person is prohibited to use the tools, methods or other means providing services to the people who give the impression as if the person concerned is a doctor or dentist who has has registration papers and permit practice at (SIP). Young doctor co ass under the guidance of master doctors prohibited medical action directly to the patient, where the handling of medical commited by young doctors co ass without supervison by a master doctors entitled to account for acts young doctor co ass that it is based a cooperation agreement Arifin Achmad hospital in Pekanbaru with medical faculties Riau University. Problem and goals will be discussed in this thesis is to find out how the shape og a young doctor co ass responsibilities in health care to patients at Arifin Achmad Hospitas in Pekanbaru.This kind of research is sociological because in this study the authors directly conduct research on the location or point examined in order to provide a complete and clear picture of the problems examined. This research conducted Arifin Achmad Hospital in Pekanbaru, while the sample population is a whole regard to the issues examined in this study, the data source used primary data, sekunder data and terteier data, data collection techniques used were interviews questionnaries, and literature studies.While the technique of data analysis using qualitative descriptive analysis. It can be concluded that the patients as recipients of health care perfomed by young doctor co ass entitled to hold against master doctors who is in charge that do not oversee the actionts of yong doctors co ass in providing treatment to patients in hospitals Arifin Achmad Pekanbaru. Suggestions for local governments and hospitals in order to make the policy more on the responsibilities of young doctors co ass handling of health of the patients during clerkships co ass at the hospital in order to avoid misunderstanding in providing medical actions.Keywords: responsibility-handling medical health-young doctor co ass-patient

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