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INDONESIA
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 105 Documents
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Search results for , issue "Vol 6, No 1 (2019): Januari -Juni 2019" : 105 Documents clear
KAJIAN TENTANG HAK KESEHATAN PEKERJA PERKEBUNAN SAWIT PADA KOPERASI PESANTREN DARUSSALAM DESA SARAN KABUN KABUPATEN ROKAN HULU Habibur Rahman; Hayatul Ismi; Dasrol Dasrol
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

Labor is one of the important factors in national development, because it requires efforts to foster,direct, facilitate, and protect workers to create welfare related to what they do. This protection is alsorelated to the risk of workplace accidents that often occur. This protection also occurred in severalcompanies, one of them was the Pesantren Darussalam Cooperative in Saran Kabun Village, Rokan HuluRegency. In practice the rights of workers in the health sector are not carried out or the difficulty is to getan insurance claim. This study discusses the implementation of health rights for workers and what are theobstacles faced in implementing the rights of workers in the Pesantren Darussalam Cooperative.The type of research used is sociological legal research, which is a study that directly descendslocation located in the Pesantren Darussalam Cooperative in Rokan Hulu Regency with a qualitativemethod, where data collection is done by questionnaires and direct interviews to the field so as to be able toexplore information about the implementation of health rights the employees.The results obtained from this study state that the implementation of the health rights of thePesantren Darussalam Cooperative workers has not fully run properly due to the lack of guarantees ofhealth rights and other rights for workers so that the rights of the Pesantren Darussalam Cooperativeworkers are not implementedKeywords: Labor, Cooperatives, Health, protection.
EKSISTENSI HUKUM ADAT MINANGKABAU DALAM PENERAPAN SANKSI DENDA TERHADAP PELAKU ZINA DI NAGARI LIMO KAUM KECAMATAN LIMA KAUM Alfadrian Alfadrian; Erdianto Effendi; Davit Rahmadan
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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Indonesia is a legal state (rechtstaat) in which every legal provision rests or is guided by thePancasila and the 1945 Constitution, because a regulation must not conflict with higher regulations becauseit applies nationally. But in community life besides the existence of national laws there are also customarylaws in the midst of these communities which are born of habits and behavior that develop into what iscalled adat. This custom or habit will later become a provision called customary law. Whereas customarylaw and customary law are still used by certain local communities, especially in the Kenagarian Limo KaumLima Kaum area whose people still use customary criminal law to settle customary criminal acts, especiallyzina crimes. The purpose of writing this thesis is: first, how is the existence of the application of finessanctions against adulterers in Nagari Limo Kaum Lima Kaum Subdistrict, secondly, What is the position ofcustomary criminal law against law enforcement and its practice in Nagari Limo Kaum Lima KaumDistrict.This type of research is using sociological research methods because this research authors directlyconduct research on the location or place to be studied in order to provide a complete and clear picture ofthe problem to be studied. This research was conducted at Nagari Limo Kaum sub-district Lima Kaum ,Tanah Datar District, West Sumatra Province. While the population and samples were all parties related tothe problems examined in this study, data sources used primary data, secondary data and tertiary data,collection techniques the data in this study were interviews and document studies.The conclusions that can be drawn from this study are that the existence of customary criminalsanctions such as being discharged and fined have begun to fade or are rarely used anymore because thepeople in Nagari Limo Kaum are already plural who come and settle so that customary law is not usedanymore and submitted every issue reported to the police. The suggestion that the authors give is that theNagari government and its devices make a Nagari Regulation that regulates customary law or violations ofcustomary law in collaboration with the police and disseminates it to the Nagari Limo Kaum community sothat the Minangkabau customary law persists and will not fade along with the times.Keywords: Existence - Customary Law - Customary Penalty – Adultery
TINJAUAN YURIDIS PENGATURAN KESELAMATAN DAN KEAMANAN PENERBANGAN SIPIL INTERNASIONAL DALAM KONVENSI CHICAGO 1944 Meylisa Veky; Maryati Bachtiar; Ledy Diana
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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The sefety and security of international civil aviation is hampered by avariety of factors, one of which is the outside aircraft itself. The shooting wasbased on the reason that the state must defend its sovereignty against foreignaircraft that violated the provisions of the country's airspace. In the period 1973-2014 there were 9 incidents of shooting of international civil aviation aircraft shotdown by the military Case of Korean Airlines Boeing 747 on the way from NewYork headed to Seoul by Soviet Union hunter aircraft on September 1, 1983 whichwas the basis for amending Article 3 of the Chicago Convention in 1944 and morespecifically Article 3 regulates interception of foreign civilian aircraft that violatethe sovereignty of a country But Article 3 changes to the bus have not beenavoided international aircraft against the shooting of the aircraft that occurred inthe case of Malaysia Airlines and foreign civilian aircraft and Americansuspected drug carrying was one of the cases that occurred after the Pasl 3 busraid, the flow of the shooting again and again the accidental factor, but the lackof spelling or negligenceThis type of research can be classified as normative legal research Legalresearch is carried out by examining library material or mere secondary data.As a results of the research problem, there are the main things that canbe contested. First, the Chicago Convention of 1944 is an old convention whosearrangement must be changed because it is no longer suitable at this time and isconsidered less effective including international civil aviation security and safety.second, a country that has sovereignty over its exclusive air space is one of thefactors that makes it difficult for international law to be implemented when thereare cases of shooting of foreign civilian aircraftKeyword : Chicago Convention 1944–Safety and Security–International CivilConvention
PERLINDUNGAN HUKUM BAGI PEMEGANG HAK CIPTA FILM DARI KEGIATAN STREAMING DAN DOWNLOAD PADA WEBSITE ILEGAL Hendrianto Hendrianto; Zulfikar Jaya Kusuma; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Illegal movie download activities can be detrimental to a film copyright holder because users candownload movies without having to ask permission and pay as they would if they were to watch a movie in acinema. Such activities certainly can reduce the creativity and spirit of the creation of filmmakers andhinder the development of the creative economy, which currently plays an important role for the country'seconomy and has contributed Rp. 104.4 Trillion or an average of 4.75% of GNP (Gross National Product )As a result of the widespread download and streaming of movies on illegal websites, the government hassuffered losses of more or less found the figure of 4 (four) Trillion Rupiah because the films circulating onillegal websites are not taxed.The type of research used in this study is normative juridical, namely research conducted or aimedat written legislation and forms of official documents, also called (secondary data).From the results of the study, the authors concluded that the legal consequences of copyrightinfringement from downloading and streaming movies on illegal websites as stipulated in Article 99 of LawNumber 28 of 2014 concerning Copyright, by a creator or holder of copyright / related rights, are civilized.entitled to claim compensation for copyright infringement. Whereas viewed from the criminal aspect in theCopyright Act there are several criminal sanctions in the form of imprisonment for a maximum of (4) yearsand / or criminal penalties of no more than Rp1,000,000,000.00 (one billion rupiah). Law No. 11 of 2008concerning Electronic Information and Transactions also contributes criminal sanctions to violators with amaximum imprisonment of 8 (eight) years and / or a fine of a maximum of Rp. 2,000,000,000.00 (two billionrupiah). Second, legal protection of the moral rights and economic rights of the creator needs to beimproved considering the increasing number of piracy carried out by illegal film websites. A film copyrightholder has a personal intellectual property and gives him the right to explore the economic rights of hiscreation.Keywords : Legal Protection - Copyright Streaming Films Download Movies - Illegal Website
PELAKSANAAN PERJANJIAN HAK PAKAI TOKO / KIOS ANTARA PEDAGANG DAN DINAS PERDAGANGAN KOTA PADANG DI PASAR RAYA PADANG Diko Fazrian; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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The market is an important place for humans to carry out various economictransactions, the market is a place that provides clothing, food, and shelter needs to meetthe primary needs of humans.The existence of Pasar Raya Padang is managed by thegovernment, namely the Trade Office of the City of Padang. In the implementation of theagreement to use the store / kiosk at the Padang highway market loaded in the bookholder of the right to use the shop / kiosk owned by the trader, in the book there areseveral articles, precisely in Article 3 reads "the second party promises not to change theform of a shop or kiosk and other facilities available without written consent from the firstparty ". The facts that occur in the field of traders change the form of shops / kioskswithout the knowledge of the first party, namely the Trade Dinaas of Padang City.The problem that the author makes the basis of this research is how theimplementation of the right to use store agreements between traders and the Padang CityTrade Service at the Padang highway market and how the process of problem solving inthe agreement to use the store between traders and the Padang City Trade Service. Thepurpose of this research is to find out the implementation of the agreement between themerchant and the Padang City Trade Service in Pasar Raya Padang and to find out theprocedures for resolving the problems that occur in the agreement to use the storebetween the trader and the Padang City Trade Service.This type of research can be classified into the type of empirical or sociologicalresearch, because in this study the author immediately conducts research on the locationor place under study in order to provide a complete and clear picture of the problemunder study. This research was conducted at the Padang highway market and PadangTrade Office, the data sources used were: primary data and secondary data, datacollection techniques in this study by observation, interviews and literature review.The results of this study are first.The implementation of the right to use the store or kiosk agreement in the Padangmarket is not in accordance with the rights to use the store or kiosk made by traders withthe Padang City Trade Service, in fact traders still violate the provisions of the rightsholders' book using Article 3, namely traders are prohibited from changing the form of aviolating trader given sanctions in the form of written warnings or fines ranging from Rp.500,000-Rp. 2,000,000 (five hundred thousand rupiahs-two million rupiahs), secondly,settlement of problems related to the agreement to use the store or kiosk at the Padanghighway market through several stages of the first stage of providing written warnings totraders who violate the next stage of conducting the negotiation process if they do not getan agreement, the Padang City Trade Service takes decisions in accordance with therights holder's book using a shop or kiosk namely unilaterally canceling the agreement.
Problematika Pengaturan Persekusi Dalam Penerapan Hukum Pidana Di Indonesia Rani Oslina Nainggolan; Erdianto Effendi; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Persecution is arbitrary hunting of a person or a number of people who are hurt, distressed orcrushed based on ethnicity, religion, race and political views. The establishment of criminal law is expectedto be able to overcome legal problems that occur in society. The existence of criminal sanctions is expectedto provide a deterrent effect to the perpetrators of criminal acts. There is no regulation in Indonesiancriminal law regarding acts of persecution, so that sanctions given to perpetrators have not been able to runoptimally and have not provided a deterrent effect. So that the laws that have been aspired have not yet beenrealized.The purpose of this essay is: First, to find out the problem of persecution arrangements in theapplication of criminal law in Indonesia. Second, to find out the ideal idea of legal regulation of persecutionin Indonesia. This type of research is normative legal research, in this case the author chooses research onthe principles of law, namely the principle of legality. The theoretical foundation used is the theory ofjustice, the theory of legal renewal, and the concept of crime.From the results of the problem research there are two main things that can be concluded. First, theproblem of the regulation of persecution in the application of criminal law in Indonesia is that there is noclear regulation by the Criminal Code or other laws and regulations concerning criminal acts ofpersecution. This is certainly not in line with the principles that apply in the Criminal Code, namely theprinciple of legality .Secondly, the ideal idea of legal regulation of persecution is that the perpetrators canbe held accountable for crimes and can be subject to criminal sanctions. Persecution which is a humanrights violation based on racial religion and political views. So it is necessary to have a legal policy thatregulates the act of persecution in a law.Based on this matter, Indonesia should make further rules regarding the criminal acts of persecutionin the form of laws and regulations such as laws on persecution and weighting penalties by givingappropriate sanctions to these crimes.Keywords: Crime, Persecution, Sanctions.
PELAKSANAAN PERJANJIAN POLA KREDIT KOPERASI PRIMER ANGGOTA (KKPA) DI PT. KTU ASTRA YANG DIKELOLA OLEH KOPERASI RIMBA MUTIARA Yudhi Fasrah Ilahi; Firdaus Firdaus; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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The agreement is a legal relationship regarding property between two parties, in which one partypromises or is considered promising to do something or not. The main issues discussed in this paper areregarding agreements or provisions made by cooperatives in RAT number 15 / KOP-RM / TR / X / 11deciding in the second part namely To Participant Farmers who have been determined, Prohibited fromSelling Buy Palm Oil Plantation Land ( KKPA). Violated or Not implemented by members of the pearljungle cooperative in Siak district, Koto Gasip district.The research method used is empirical research, another term used is Sociological legal researchalso called field research and this research is descriptive. In data collection, the types of data used in thisstudy are primary data and secondary data, namely directly through respondents (field), Law Number 18Year 2004 concerning Plantation, Civil Code, legal journals and books - books related to research. Analysisof this data is done qualitatively and deductively drawn conclusions.From the results of research conducted by the author, it was found that there were still farmers whowere members of the KKPA who sold their oil palm plantation to other parties. So that the regulationNumber: 15 / KOP-RM / TR // 11 in deciding sets out the second part: "to the participating farmers whohave been determined, it is prohibited to trade in the palm oil." Not applicable.So that based on this matter, strict sanctions are needed, be it administrative sanctions or criminalsanctions for parties to carry out the buying and selling process so that regulations made by cooperativescan be enforced.Keywords : Agreement, cooperatives and farmers of KKPA members
POLITIK HUKUM PEMBENTUKAN KANTOR STAF PRESIDEN BERDASARKAN PERATURAN PRESIDEN NOMOR 26 TAHUN 2015 TENTANG KANTOR STAF PRESIDEN Reni Lestari; Emilda Firdaus; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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The Presidential Staff Office is formed through Presidential Regulation Number 26 of 2015concerning the Presidential Staff Office. Whereas in the presidential environment there are three institutionsthat function as supporting the performance of the President, namely,The Presidential Staff Office is , StateSecretariat and Secretariat Cabinet. Juridically, the authority of these institutions overlaps each otherbecause their functions are both as assistants to the President. So, it is necessary to review the legal politicsofThe Presidential Staff Office formation. Based on this understanding, the writing of this thesis formulatestwo problem formulations, namely: First, how is the legal politics of the establishment of the PresidentialStaff Office based on Presidential Regulation Number 26 of 2015 concerning the Office of the PresidentialStaff ?. Second, is there a clash of authority between the Presidential Staff Office both internally in thepresidential institution and in the external presidential institution ?.The research method in this study, first, the type of research is normative law and descriptiveanalysis. Second, data sources, supported by primary data sources, secondary data sources and tertiarydata sources. Third, the data collection technique used is the Literature Study. After the data collected isthen analyzed qualitatively, then draw conclusions with deductive thinking methods. From the results ofproblem research there are two main things that can be concluded, first, Political law in the formationofThe Presidential Staff Office is intended as an institution that guarantees the implementation ofgovernment programs as stated in nawacita. Secondly, judicially, The Presidential Staff Office authorityoverlaps with Setkab and Setneg as institutions supporting the President's performance. The suggestion ofthe author, first, is that it is necessary to control the institutions that have overlapping authority.Keywords: Presidential Institution - Office of Presidential Staff - Overlapping Authority
PENYIDIKAN TINDAK PIDANA PENIPUAN OLINE DIWILAYAH HUKUM KEPOLISIAN RESOR KOTA PEKANBARU Ela Aprida Nafliana; Firdaus Firdaus; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Technological advancements both from information and communication are increasingly rapidlydeveloping which provide many conveniences for humanity. The internet is one product of technologicalprogress from information and means of communication. Many things can be done through the internetstarting from social relations, work, to doing business buying and selling online, you can directly contactother people. Online business, and e-banking services. The trade activities using the internet make the stateseem to be without territorial borders (bosdeles) to create benefits and convenience for a nation that can beseen in various forms of cooperation between countries in the fields of economy, politics and culture. Themechanism of transactions and agreements with the outside world is sufficiently controlled through smallspaces with internet protocol-based technology that offers effective, and modern facilities and other socialmedia that are connected to the internet.This research is sociological or empirical research, namely the type of research that uses communityassumptions in looking for facts that occur in the field to answer an existing problem. This research wascarried out in the Riau High Prosecutor's jurisdiction. While the population and sample are parties relatedto the problems examined in this study, the data sources used, primary data, secondary data, and tertiarydata. The technique of collecting data in this study was through interviews and literature review.From the results of the research that the authors did can be concluded, the first occurrence of online/ electronic media deprivation is influenced by various factors including law enforcement officials, facilitiesand infrastructure and the community. The community is divided into other fields of factors, namelyeconomic, environmental, socio-cultural, easy to carry out these crimes and because people are easilyfooled by power. Second Investigation of crimes against perpetrators of fraud carried out online by thePekanbaru City Police Department has not been maximally proven with the absence of cases of criminalacts of fraud through online being resolved.Keywords: Investigation - Crime - Online Fraud.
TINJUAN HUKUM ADMINISTRASI NEGARA DALAM BIDANG PENGELOLAAN SAMPAH SEBAGAI PERWUJUDAN PRINSIP GOOD ENVIRONMENTAL GOVERNANCE DI KOTA PEKANBARU Fitri, Rahmatul; Firdaus, Emilda; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Waste management by the regional government belongs to the classification ofcompulsory government affairs that are not related to basic services, namely governmentaffairs which are included in the element of the environment. Due to the high population,the increase in public consumption also increased which caused an increase in wasteproblems in the City of Pekanbaru. While, the ability to manage waste in the city ofPekanbaru is less effective in creating good environmental management in the wastemanagement arrangement. Article 22 of Pekanbaru City Regulation Number 8 of 2014explains that waste management related to changing the characteristics, composition andamount of waste by utilizing environmentally friendly technological advancements can bemanaged through a waste treatment facility with the principle or 3R (Reduce, Reuse andRecycle) or integrated waste treatment facilities.The purpose of this study is to find out the responsibilities of local government inwaste, to find out the obstacles faced in waste management and to find out the efforts toovercome obstacles in the field of waste management in Pekanbaru City. This type ofresearch is classified into sociological legal research, namely research that looks at thecorrelation between law and society, so as to be able to reveal the effectiviness of thevalidity of law in society and identify unwritten laws that apply to society. This researchwas conducted at the Environmental and Sanitation Office of Pekanbaru City. Datasources used are primary data and secondary data. While, the data collection techniquesin this study are questionnaires, interviews and literature review.Conclusions can be obtained from the results of research that waste managementin Pekanbaru City places more emphasis on final processing. While for management inthe form of reduce, reuse and recycle there are already garbage banks, compost housesand TPS3R, but the implementation is not optimal. Optimization of waste managementsuch as waste handling and reduction will not function properly if not supported and puttogether. Realizing good governance by involving its 3 main pillars, namely thegovernment, the private sector and the community in waste management will be a veryeffective way to create a clean, neat and healthy environment.Keywords: Local government responsibilities, waste management, goodenvironmental governance.

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