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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 105 Documents
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Search results for , issue "Vol 6, No 1 (2019): Januari -Juni 2019" : 105 Documents clear
PELAKSANAAN PEMBEBANAN NAFKAH IDDAH DAN NAFKAH MUT’AH OLEH SUAMI TERHADAP ISTRI DALAM CERAI TALAK KARENA NUSYUZ DI PENGADILAN AGAMA KELAS I-A PEKANBARU Reisa Safira Herman; Maryati Bachtiar; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Divorce is a legal act that will certainly bring certain legal consequences.Divorce that occurs because of the divorce by the husband towards the wife, thenthe husband has the obligation to give mut'ah livelihood and iddah income to hiswife. But in divorce divorce cases, the wife does not get a living if she is nuyuz. Inpractice, the divorce divorce case in the Pekanbaru Religious Court has a wifewho obtained the living of mut'ah in a divorce divorce and also a wife who isnusyuz who earns a living in divorce divorce. The purpose of this thesis, namely:first to find out the implementation of imposition of iddah income and the living ofmut'ah by the husband on the wife in divorce divorce because Nusyuz inPekanbaru Class I-A Religious Court. Second To find out the factors that causethe burden of iddah and mut’ah by husband against wife in divorce divorcebecause of nusyuz at Pekanbaru Class I-A Religious Court.This type of research can be classified as sociological, because in this studythe author directly conducts research on the location or place under study inorder to provide a complete and clear picture of the problem under study. Thisresearch was conducted in Pekanbaru Class I-A Religious Court, while thepopulation and samples were all parties related to the problems examined in thisstudy.The results of the study two things can be concluded. The implementation ofthe imposition of iddah and the livelihood of mut'ah by the husband on the wife indivorce divorce because Nusyuz in the Pekanbaru Religious Court Class I-A hasbeen effective, but the judge should use ex officio rights to protect the rights of thewife divorced by her husband. The factors that led to the implementation of theburden of iddah and the living of mut'ah by the husband on the wife in divorcedivorce because Nusyuz in the Pekanbaru Class IA Religious Court was first,economic factors of the husband's influence in the implementation of payment ofmut'ah obligations and wage income to the wife . Secondly, a wife who submits aback suit or reconciliation to obtain mut'ah's income and iddah income.Keywords: Talak- Iddah Livelihood and Mut’ah Livelihood- Nusyuz
PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KONSUMEN TAYANGAN VIDEO DI YOUTUBE DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Asih Artina; Maryati Bachtiar; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Youtube is a video-sharing wen (sharing video) site where users can load,watch and share video clips for free. Generally the videos on youtube are musicclips (video clips), movies, TV, and videos made by its own users. But in realitythere are many videos of adult songs displaying inappropriate impressions seenby immature or incompetent children because the video contains verbalpornographic elements through titles and / or lyrics that are sexually charged orobsceneAs for the purpose of writing this thesis is to know the legal protection andobligations of the old orag to the child as a consumer of video clips of adult songson youtube viewed from the law number 8 of 1999 on consumer protection. Inwriting this thesis, the authors use the type of research that is legal literatureresearch.The conclusions can be obtained from this study is First, the legalprotection of children as consumers of video clips of adult songs on youtube isstill not running properly, where there are still many children as consumers whoare harmed due to video clips of adult songs on youtube that mostly contain thingsnegative things such as the element of pornography, not educational, chargedscenes and / or lyrics that can be seen to make women as the object of sex, theform of violence. Secondly, the obligations and responsibilities of parents andgovernment to children as adult video clip users on youtube are parents need tohave knowledge about the internet (youtube), restrict the use of internet tochildren, build and equip children with religious education in the family as earlyas possible. The writer's suggestion in writing this thesis is First, it is expectedthat the consumer of video clip of adult song on youtube can be more donepenyarigan about age restriction that can watch the show, and also video clip ofadult song not to highlight things that smell of pornography, and other tangiblethings. Second, it is expected that parents can better control every child's actions,directing the child to positive things. For the government is expected toimmediately provide a best solution in overcoming the negative impact of theinternet that will affect the child's development in particular.Keywords: Legal Protection - Child - Consumer - Video Clip - Adult Song -Youtube
Perlindungan Hukum Bagi Peserta BPJS Kesehatan Yang Melakukan Pembayaran Premi Melalui Payment Point Online Bank ( PPOB ) di Desa Tanjung Bungo Kecamatan Kampa Oktaviani Aswar; Hayatul Ismi; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Health insurance is held with the aim of ensuring that participants receive health care andprotection benefits in meeting basic health needs. But BPJS Health participants in this case manyexperienced complaints because of the late Payment Point Online Bank (PPOB) paying participants'contributions to BPJS Health. The purpose of this essay is: First, the implementation of legal protection forBPJS Health participants who make premium payments through Payment Point Online Bank (PPOB) inTanjung Bungo Village, Kampa Subdistrict, Secondly, constraints and efforts made by BPJS HealthParticipants who make premium payments through Payment Point Online Bank (PPOB) in Tanjung BungoVillage, Kampa District.This type of research is a type of sociological legal research. This research was conducted at thePekanbaru Branch BPJS Health office JL. Tuanku Tambusai Ujung Komp. 20 Ruko No. 6F-10J Ex.Labuhbaru Barat Kec. Umbrella City of Pekanbaru. While the population and sample are the Head ofPublic Communication BPJS, BPJS Health Participants, and PPOB. The data used are primary data,secondary data and tertiary data and data collection techniques are field studies, interviews, and literaturestudies.The results of the problem research are two main things that can be concluded. First, theimplementation of legal protection for BPJS Health participants who make premium payments throughPayment Point Online Bank (PPOB) in Tanjung Bungo Village, Kampa Subdistrict does not work inaccordance with applicable laws and regulations, namely that everyone has the right to get health services,benefits health and protection in meeting basic health have not been fully obtained by participants. Second,the constraints and efforts made in implementing legal protection for BPJS Health participants who makepremium payments through Payment Point Online Bank, the obstacle experienced by the PPOB is the lackof openness and caution in accepting and paying participant contributions and the existence of networkdisruption in terms of deposits to the BPJS Kesehatan, while from the participants there was a lack ofknowledge of participants regarding the rights they should have obtained.Keywords: Legal Protection-BPJS Participants Health-Payment Point Online Bank
ANALISIS TENTANG HUKUMAN KEBIRI BERDASARKAN UNDANG – UNDANG NOMOR 17 TAHUN 2016 TENTANG PENETAPAN PERATURAN PEMERINTAH PENGGANTI UNDANG – UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK MENJADI UNDANG – UNDANG DALAM PERSPEKTIF HAK ASASI MANUSIA Fattimi Beethoveni Sikumbang; Emilda Firdaus; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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The issue of pedophiles needs more intensive and serious attention. In protecting the rights of children from rape victims, the Indonesian government through the Republic of Indonesia Law Number 17 of 2016 Application of Government Regulations in lieu of Indonesian Law on Child Protection. This means that Indonesia has legalized the castration penalty for perpetrators of sexual crimes. Castration punishment when linked to human rights (HAM), the castration penalty violates two principles that become the mandate of reform, namely the principle of human rights and democracy.This type of research can be classified into normative legal research, namely legal research conducted by examining library materials. This study examines the subject matter in accordance with the scope and identification of problems through a statute approach carried out by examining the laws and regulations relating to the legal issues examined.Conclusions that can be obtained from the results of the study are the reasons for castration being the choice of the country in the punishment of the offender it is deemed to have a deterrent effect on pedophiles. The ideal form of regulation of punishment for pedophile perpetrators in the perspective of human rights is the Government in the Pancasila mandate, 2 which says that humanity is just and civilized, so that in making a regulation regarding punishment given specifically pedophile perpetrators should be from the aspect of human rights perpetrators, not just talk about adopting existing regulations in other countries. that the ideal punishment for pedophiles is a life sentence, so that not being a predator becomes a deterrent effect for other actors who want to commit the crime.Keywords: Analysis, Castration Punishment, Child Protection, Human Rights
PEMBERLAKUAN ASAS KELAYAKAN DAN KEPATUTAN (ASAS EX AEQUO ET BONO) SEBAGAI UPAYA PENGENYAMPINGAN HUKUMAN PIDANA TERHADAP LANSIA Irvan Suherry; Erdianto Effendi; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Elderly or Elderly is someone who, even though he is said to be old, still has rights and obligations.So that the elderly are also included as subjects of criminal law. An elderly person is not impossible tocommit a criminal act. Many elderly people have reported that those who commit criminal acts are anelderly person.And as a legal subject who fulfills the requirements to be held accountable for crimes, an elderlyperson must be held accountable for criminal acts. By looking at the physical and mental condition of anelderly person, it is difficult for the law to provide fair punishment.Because the imposition of a criminal offense is not merely revenge for an act that has been violated,but rather an attempt to provide guidance to the perpetrator of a crime. It becomes very difficult if anelderly person who is old and in poor condition must undergo a process of punishment that takes not a littletime and the mental stresses are there. In the punishment of law enforcement officials in this case the police,prosecutors, judges are important.Keywords: Elderly, Criminal Objectives, Role of Law Enforcement Officials
Pemberantasan Terhadap Penyalahguna Narkotika Yang Dilakukan Oleh Remaja Di Wilayah Hukum Kepolisian Resor Kampar Ginting, Bayudwi Putra; Firdaus, Firdaus; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Crime which is currently the most frequently encountered problem in people's lives is the problemof drug abuse and circulation. This condition is very worrying because the victims of drug abuse areteenagers where when children and adolescents are damaged by narcotics, their future is destroyed andendanger the nation's next generation. For this reason, the role of the Police is needed to eradicateadolescent drug abuse so that there will be no more abuse and circulation of narcotics in the jurisdiction ofthe Kampar Resort Police.This type of research can be classified as sociological, because in this study the author directlyconducts research on the location or place under study in order to provide a complete and clear picture ofthe problem under study. This research was conducted at the Kampar Resort Police, while the populationand samples were all parties related to the problems examined in this study, data sources used primarydata, secondary data, and tertiary data, data collection techniques in this study by observation, interviews ,questionnaire, and literature study.From the results of the study, it can be concluded that Sat Narcotics in Kampar District Police arealways consistent in terms of law enforcement both from Preventive and Refractive Measures. Second,Suggestions from the author First, Memorize and improve the performance of the Drug Investigation Unit,so that narcotics abusers can be eradicated. Second, legal counseling activities carried out by the NarcoticsInvestigation Unit with the District Narcotics Agency to be further improvedKeywords: Eradication - Teenagers - Abusers - Narcotics
Pelaksanaan perlindungan hukum terhadap anggota multi level marketing PT. Melia Sehat Sejahtera di Pekanbaru ditinjau dari Undang-Undang Nomor 8Tahun 1999 tentang Perlindungan Konsumen Randu Aditya Rahim; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Literally Multi Level Marketing is marketing carried out through many levels or levels, which are usually known as up line (top level) and down line (lower level). PT Melia Sehat Sejahtera is a multi-level marketing company engaged in the field of health, namely herbal medicine. There are 2 products, namely Melia Propolis and Melia Biyang, in its development there are many consumers who are also members of the PT Melia Sehat Sejahtera MLM network getting inappropriate results as explained by the distributors or Top Leader of PT. Melia Sehat Sejahtera. As for the purpose of this study is First, To find out the implementation of legal protection against members of multi-level marketing PT. Melia Sehat Sejahtera in Pekanbaru is reviewed from Law Number 8 of 1999 concerning Consumer Protection. Second, to find out the responsibilities of Multi Level Marketing Top Leaders at PT. Melia Sehat Sejahtera towards its Downline was reviewed from Law Number 8 of 1999 concerning Consumer Protection.This research is sociological legal research that is research that wants to see the unity between law and society with the gap between das sollen and das sein. This research was conducted in the area of Pekanbaru City precisely by PT. Melia Sehat Sejahtera, while the population and sample are all parties related to the problems examined in this study, the data sources used, primary data, and secondary data, data collection techniques in this study were conducted through interviews, literature review.The conclusions of this study are, First, the form of legal protection for members of PT. MSS Multi Level Marketing has not yet been realized, due to the lack of seriousness of the parties involved, whether from the MLM member PT. MSS, regulations related to business activities Multi Level Marketing is considered not able to provide protection for consumers of Multi Level Marketing. Second, Top Leader Responsibilities do not cover all responsibility for losses obtained by MLM members / members of PT. MSS, Top Leaders Only have moral responsibility as a leader of MLM networks. Because the responsibility for downlines that suffer losses is the responsibility of the business actor, namely PT. MSS as explained in Article 1367 of the Civil Code, Law Number 8 of 1999 concerning consumer protection and Article 2 Letter M of the Minister of Trade of the Republic of Indonesia / M-DAG / PER / 8/2008. The author's advice on the problems studied is First. In order to realize the implementation of the Multi Level Marketing consumer protection of PT. MSS, effective steps from the government, especially to BPSK, are needed to take firm action against Multi Level Marketing businesses that cause losses to the community. Both Governments pay more attention to consumer protection laws because of weak consumer protection. The main factor which is the weakness of consumers is the level of consumer awareness of their rights is still low. This is mainly due to low consumer education. Therefore, the Consumer Protection Act is intended to be a strong legal basis for the government and non-governmental consumer protection institutions to make efforts to empower consumers through guidance and consumer education.Keywords: Legal protection-Multi Level Marketing-Consumers-Top Leaders
Analisis Hukum Pelaksanaan Perjanjian Kerjasama Pelayanan Administrasi Operasional Jasa Pemanduan Kapal Antara PD. Pelabuhan Dumai Bersemai (BUMD) dengan PT. Pelabuhan Tiga Bersaudara Yang Berakibat Wanprestasi Citra Rahmawati Lubis; Firdaus Firdaus; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Agreement on cooperation made between PD. Dumai Bersemai Port (BUMD) with PT. TigaBersaudara Port has fulfilled the legal requirements of an agreement as stipulated in Article 1320 of theCivil Code. But over time, this agreement has become null and void, because the second party is PD. DumaiBersemai Port canceled the agreement, and unilaterally decided the agreement, this happened because PT.Tiga Bersaudara Port on the implementation of the practice of cooperation agreements between PD. DumaiBersemai Port is seeded with PT. Tiga Bersaudara Port did not side with PT. Dumai Bersemai Port as thesecond party in this agreement, and PT. Tiga Bersaudara Port has defaulted by not paying a profit sharingfund of 7.5% to PD. Dumai Bersemai Port.The author sets the main problem as follows about whether the factors causing the default betweenPD. Dumai Bersemai Port (BUMD) with PT. The Tiga Bersaudara Port and what are the legalconsequences of not implementing a cooperation agreement between PD. Dumai Bersemai Port (BUMD)with PT. Tiga Bersaudara Port.This writing when viewed from the type of research is classified as sociological legal research andcan also be said as a field research that is reviewing the applicable legal provisions and what happens inreality in the community or in other words a study conducted on actual reality or real conditions occur inthe community with the intention to find out and find the facts and data needed collected then go to theidentification of problems which ultimately lead to problem solving. Whereas if viewed from its nature, thiswriting is descriptive analysis, which means that the research intended to provide a detailed, clear andsystematic description of the main research problems.From the results of research Factors that cause the occurrence of default between PD. DumaiBersemai Port (BUMD) with PT. Tiga Bersaudara Port because PT. Tiga Bersaudara Port does not share asharing fund of 7.5% of each revenue from ship scouting services carried out by PT. Tiga Bersaudara Port,so that PD. Dumai Bersemai Port carries out unilateral termination of the Cooperative Service CooperationAgreement on Ship Guiding Services Operations while the legal consequences of not implementingcooperation agreements between PD. Dumai Bersemai Port (BUMD) with PT. Tiga Bersaudara Port thatthere had been a unilateral termination of the contract by the Administrative Services CooperationAgreement of the Ship Guiding Service in the Special Terminal of PT. Sari Dumai Sejati, PT. Semen Padangand PT. Pacific Indopalm in Class 1 Dumai Compulsory Waters, the parties agreed to remind themselves ofa special bond contained in an agreement.
Peran Pusat Pelaporan dan Analisis Transaksi Keuangan Dalam Mencegah Tindak Pidana Pencucian Uang di Lembaga Keuangan Hayatun Nufus; Evi Deliana; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Today there are many modes or methods used in financial institutions to commit money laundering crimes, if this abuse continues it can harm the country's economy and perpetrators will continue to develop especially in using financial institutions to conduct money laundering. To realize a sound and stable financial system because of the importance of the role of the Financial Transaction Reports and Analysis Center (PPATK), which is an independent institution established in order to prevent and eradicate money laundering in accordance with Article 38 of Law No. 8 of 2010 Regulations concerning Eradication and Prevention of Money Laundering Crimes. The purpose of writing this essay is; First, to find out the role of the Financial Transaction Reports and Analysis Center (PPATK) in preventing money laundering in financial institutions; Second, to find out the countermeasures made by the Financial Transaction Reports and Analysis Center (PPATK) in preventing money laundering in financial institutions. The type of legal research used by the author is a type of normative legal research or library legal research. Normative legal research or library legal research.From the results of the study, there are two main things that can be concluded. First, the role of PPATK in preventing money laundering in financial institutions has been regulated in legislation such as Law No. 8 of 2010 concerning Prevention and Eradication of Money Laundering, Presidential Regulation and PPATK Head Regulation, where the role is in the implementation Procedures for Reporting Cash Financial Transactions, Suspicious Financial Transactions, Fund Transactions from Inside to Foreign Funds. There is a Temporary Termination and Postponement of Transactions, Integrated Service Provider Information System and Application of Principles of Knowing Service Users. Second, the countermeasures undertaken by the PPATK in preventing money laundering in financial institutions include efforts to maintain financial system stability, namely MER cooperation, PPATK Projections for the end of 2018 and its Final PPATK Reflections in 2018 by launching the Public Perception Index on Anti-Money Laundering and Eradication of Terrorism Funding, up to the receipt of financial transaction reports from Providers of Financial Services, and in efforts to overcome the collaboration between law enforcement and the Government.
PENETAPAN HARGAGABAH OLEH TENGKULAK TERHADAP PARA PETANI DI DESA SUNGAI TENGAH KECAMATAN SABAK AUH KABUPATEN SIAK DITINJAU DARI UNDANG-UNDANG NOMOR 5 TAHUN 1999 TENTANG LARANGAN PRAKTEK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT Markus Van Branco Harianja; Maryati Bachtiar; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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In Indonesia, anti-monopoly law is regulated in Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition. This law is a special and comprehensive arrangement relating to competition between business actors. One of the prohibitions contained in Law Number 5 of 1999 is the prohibition on pricing. Pricing that is prohibited in the law is price fixing that comes from agreements between business actors in setting prices. In the practice of grain buying and selling, middlemen often buy rice from farmers more expensive than the reference price set by the government, causing fraud and leading to monopolistic practices. Where the standard price set by the middleman is higher than the standard price set by the National Logistics Agency. This is what causes grain production especially in the Sungai Tengah Village area to be fully controlled by middlemen in the area. In the practice of buying and selling grain by middlemen and farmers, it is very contrary to Minister of Trade Regulation No. 27 / M-DAG / Per / 5/2017. The purpose of this thesis is: First, to find out the form of monopoly and unfair business competition on grain buying and selling in Sungai Tengah Village, Sabak Auh District, Siak Regency, Second, to find out how far the price of grain by middlemen is able to increase food productivity in Siak Regency.This type of research can be classified in the type of sosiological juridical research. The research was conducted at Sungai Tengah Village, Sabak Auh District, Siak Regency. Sosiological law research uses primary data and secondary data, while population and sample are the parties related to the problem studied in this research. Technique of collecting data in this research by interview and literature study.From the results of research problems there are two main things that can be concluded. First, business actors (middlemen) in Sungai Tengah Village have violated the Republic of Indonesia Minister of Trade Regulation Number 27 / M-DAG / PER / 5/2017 concerning Reference Price for Purchasing in Farmers and Reference Sales Price at Consumers by increasing the standard of grain purchase in farmers above standard government reference price. Second, the food needs of rice farmers in Sungai Tengah Village can be fulfilled from local production in the village at harvest time, but for Siak Regency rice yields from Sungai Tengah Village cannot meet the food needs in Siak Regency considering that almost all grain production is controlled by middlemen.Key Words: Price Fixing – Grain – Monopoly – Middleman – The Farmer

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