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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
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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
PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS PELAYANAN DAN JASA PRAKTIK TUKANG GIGI DI KOTA PEKANBARU Bilqis, Maharani; Bachtiar, Maryati; Fitriani, Riska
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

Legal protection against consumers is an attempt to protect the use of an item and / or service.Consumers are persons who use goods and / or services that have the right to obtain comfort andsecurity in the use of goods and / or services. Corporate actors are persons who provide goods and / orservices that are responsible to consumers who are harmed by the corporate actor. Problems that occurwith dental services in the city of Pekanbaru, consumers do not receive services that meet the standardsof dental work.The purpose of this document is to determine the legal protection of consumers of dental servicesand the responsibility of dental professionals for the rights of consumers of dental services that are notmet.This type of research is classified according to the type of sociological research, as the authors inthis study conducted a study in the city of Pekanbaru, while the population and samples were all partiesthat were related to the problems studied in this study. Data sources used were primary data, secondarydata and tertiary data. Data collection techniques in this study with observations, interviews and librarystudies, which are information obtained from data in the field.From the results of the study, two main points can be derived. First, the state's legal effortstowards consumers and business operators are the issuance of Consumer Protection Law No. 8 of 1999in order to reconcile the position of consumers with the business community. In addition to the 2014issue of PERMENKES number 39 for consultation, monitoring and licensing, Dental Work includes therights and responsibilities of consumers as patients of dental professionals and dental professionals astraders. Secondly, dental tradespeople act as business actors for the services provided, so thatconsumers can be protected from practices that may result in losses that are subject to administrativesanctions in the event of a breach of contract, temporary termination or permanent termination. Author'ssuggestion: Firstly, there are regular instructions for dental craftsmen by the local government, theHealth Department of the city of Pekanbaru. Secondly, it is recommended that consumers actively seekinformation before using the services of dental professionals, as dentists differ from dentists. Third,dental craftsmen act as business operators to carry out their activities in accordance with applicablelaws and regulations.Keywords: Dental Builders – Consumer - Legal
PENERAPAN PERLINDUNGAN HAK KONSUMEN TERHADAP PEMAKAI PRODUK VAPOR LIQUID DILAKUKAN OLEH PENJUAL VAPOR LIQUID Sagala, Alberto Syahputra; Firdaus, Firdaus; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Abstract

Protection of consumers requires that there be partiality to the weak(consumers). Every decision concerning the interests of the lives of many peoplemust be oriented towards the public interest. The desire to be achieved inprotecting consumers is to create a sense of security for consumers in fulfillingtheir daily needs. In short, all efforts intended to protect consumers are not onlypreventive measures, but also repressive actions in all areas of protection given toconsumers. One of the rights is the right to correct, clear and honest informationabout the condition and guarantee of goods and / or services.Products circulating in the community that do not comply with LawNumber 8 of 1999 concerning Consumer Protection. Especially for Article 4 (c),Article 8 (i) and (j), namely about product information. Vapor liquid (ElectricCigarette) is a product that has no information and is based on data that isprocessed, Liquid ingredients are very dangerous for Humans.The Ministry of Health of the Republic of Indonesia publishes the dangersof e-cigarettes, that Electronic Cigarettes (Ecs) or Electronic Nicotine DeliverySystem (ENDS) are devices that function to convert chemicals into steam anddrain them into the lungs, where they are a mixture of substances such as nicotineand propylene glicoli. ECS / ENDS consists of evaporator components,rechargeable batteries, electronic regulators and liquid containers that will beevaporated. Until now, the safety of ENDS has not been proven to be scientificallysafe, because it is suspected that these substances contain dangerous substancessuch as nicotine and high concentrations of propylene glycol, which is an irritantthat is inhaled. Based on tests by the Food and Drug Administration (FDA), someproducts also contain diethylene glycol, which is a chemical used to poison.The purpose of this thesis is: First, to find out whether the sales of vaporliquids made by business actors are in accordance with the applicableregulations, Secondly, to find out how the efforts of businesses in protecting theconsumer rights of vapor liquidThis type of research is sociological research orresearch that wants to see the correlation between society and law. The results ofthis study are two points concluded. First, sales of vapor liquids in accordancewith applicable regulations. Second, the efforts made by business actors inprotecting consumer rights.Keywords: Consumer rights - Liquid -Vapor information - Legal efforts
Gagasan Yuridis Gratifikasi Seksual Sebagai Bentuk Tindak Pidana Korupsi Di Indonesia Rahayu, Ayda; Artina, Dessy; Rahmadan, Davit
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

Corruption is an enemy of every country in the world, and we all know that money is the mainsource of corruption. Lubis and Scott in their view of corruption say: "in the legal sense, corruption isbehavior that benefits self-interest by harming others by government officials who directly violate legalboundaries over such behavior, whereas according to government norms can be considered corruption ifthe law is violated or not in the business the action is despicable ". This criminal offense not only harmsstate finances, but also violates the social and economic rights of the community.This research is sociological or empirical research, namely the type of research that usescommunity assumptions in looking for facts that occur in the field to answer an existing problem. Thisresearch was carried out in the Riau High Prosecutor's jurisdiction. While the population and sample areparties related to the problems examined in this study, the data sources used, primary data, secondary data,and tertiary data. The technique of collecting data in this study was through interviews and literaturereview.From the results of the research the authors did can be concluded, firstThe role of the Riau High Prosecutor's Intelligence in the disclosure of alleged criminal acts ofcorruption is to conduct judicial intelligence activities and operations or investigations to collect data orinformation that can be used as evidence about whether or not a corruption has occurred which is thensubmitted to the Chairperson or party have an interest in further decision making. The obstacles faced byRiau High Prosecutor Intelligence in uncovering alleged corruption in the Riau High Prosecutor's lawregion, namely human resource (HR) factors, the factors of legislation that were felt to be incompatible withthe demands of community development, the difficulty factor for the Prosecutor Intelligence in obtainevidence in the form of letters, valuable documents, and related assets, factors in the lack of fundsallocation, factors in lack of coordination by the Prosecutor's Intelligence with related agencies, and factorsin the lack of planning carried out by Riau Prosecutor's Intelligence Office.Keywords: Juridical Ideas - Sexual Gratification - Corruption Crime.
PELAKSANAAN PERJANJIAN JUAL BELI MENGGUNAKAN SISTEM IJON ANTARA PETANI KELAPA DENGAN TAUKE DI KECAMATAN TEMPULING Ulfasari, Sofiya; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Abstract

Most of the people of Sungai Salak Village, Tempuling Subdistrict work as farmers. Farming incoconut groves is the biggest choice because of this region. The crops are sold using the bonded system,namely the debt repayment system with these harvests that have been carried out for generations by thecommunity in Sungai Salak Village. Farmers who owe to the tauke must make debt payments to the tauke,namely by cutting the coconut payment from the tauke to the farmers, deducted from the sale of theircoconut harvest at a low price. using a bonded system between coconut farmers and a tauke in TempulingSubdistrict, Indragiri Hilir Regency has given justice or injustice between the two parties. Second, to find aresolution so that the implementation of a sale and purchase agreement using the bonded system givesjustice.This type of research can be classified into the type of juridical social research, because in thisstudy the author immediately conducts research on the location or place under study in order to provide acomplete and clear picture of the problem under study.Based on the results of the problem research there are two main things that can be concluded.First, unequal rights and obligations where the cheap price of coconut for the price of coconut that is set isRp. 1,800 to Rp. 2,300, - the price is below the market price of coconut in Indragiri Hilir which is Rp. 3,810/ kilogram. Farmers do not participate in determining coconut tariffs. Second, the Resolution for theImplementation of the Sale and Purchase Agreement Using this Bonded System Gives Justice This is that itwould be good for the Government to study in other countries that have succeeded in overcoming injusticedue to the implementation of agreements like this. regulated in regulations in the form of laws or higherregulations. Author's suggestion, First, there needs to be a special regulation made by the governmentregulating the implementation of a sale and purchase agreement using the bonded system. For the positionof both the farmer and the tauke to be equally strong and the rights and obligations carried out properly andcorrectly. Second, optimizing Law No.19 of 2013 concerning the Protection and Empowerment of Farmers.In order to create awareness from the community, especially farmers, not to start participating in theimplementation of the sale and purchase agreement with the bonded system by conducting counseling andeducation on agriculture and counseling about saving and establishing cooperatives.Keywords: Coconut Buy and Sell - Ijon System - Tempuling District
EFEKTIVITAS MEDIASI DALAM PERKARA WANPRESTASI DI PENGADILAN NEGERI BANGKINANG Haris Nasution; Maryati Bachtiar; Riska Fitriani
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

One of the peace efforts that can be carried out by third parties in helping to resolve civilmatters, especially default both inside and outside the court, is mediasai, mediation is basicallynegotiations involving third parties who have expertise on effective mediation procedures, canhelp in conflict situations to coordinate their activities so that they are more effective in theprocess of bargaining, as stipulated in the Supreme Court Regulation Number 1 of 2016concerning Procedures for Mediation in Courts, in the settlement of civil disputes throughmediation there are several stages based on mediation procedures in the court, namely the premediationstage, the mediation stage, the final stage of the mediation result implementation.In fact, in the Kampar District Court the mediation remained the most way out inresolving default cases in the Kampar District Court, but in reality mediation had not been ableto reduce the failure rate in resolving the default cases, the factors of the parties, the factor ofthe mediator judge, the number of mediators, the cost factor for the mediator profession.This study aims to determine the effectiveness of the mediation applied in the KamparDistrict Court in a default case in the Kampar District Court. The type of research used isempirical juridical research, with sample selection. The data studied included primary dataand secondary data, then analyzed qualitatively. This research was conducted in the KamparDistrict Court. Population and sample are all parties related to the problems examined in thisstudy, the data sources used are primary data, secondary data, and tertiary data. Datacollection techniques in this study are interviews, questionnaires and literature studies. Fromthe results of the study showed that mediation effectiveness shows the number of failures withvarious factors or constraints such as case factors, parties' factors and mediator factors. Themediation has also not been able to reduce the number of failures in resolving default casesand overcoming cases that have accumulated in the Court.Keywords: Effectiveness - Mediation - Default - District Court
EFEKTIVITAS PENJATUHAN SANKSI TINDAKAN TERHADAP ANAK PELAKU TINDAK PIDANA DI PENGADILAN NEGERI PEKANBARU Pasaribu, Bahagia Bagio; Artina, Dessy; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Children are the mandate as well as the ultimate gift of God that we must always guardbecause in him the inherent dignity, dignity, and rights as human beings must be respected.Children are also the next generation of generation and successors of existing developmentstruggles and future generations of national ideals, and are entitled to survival and are entitled toprotection from acts of violence and discrimination and civil rights and freedom. However, manychildren violate living norms in society and become perpetrators of criminal acts. Every child whocommits a crime will be asked for the ability to be responsible because the child has violatedcriminal provisions, related to the ability to be responsible for the minimum responsibility forchildren that is currently at least - at least 12 years. In the case of imposing criminal sanctions onchildren who commit criminal acts, the basis of the judge is referring to Article 71 of Law Number11 of 2012 concerning the Child Criminal Justice System. In addition to being sentenced to criminalsanctions against children, sanctions can also be imposed as contained in Article 82 paragraph (1)of Law Number 11 of 2012 Child Criminal Justice System.The purpose of this thesis research is: first, to find out to find out the regulation of sanctionsfor actions against children in positive Indonesian law. Second to find out whether the effectivenessof taking action sanctions against child perpetrators of criminal offenses in the Pekanbaru DistrictCourt. types of empirical research or sociological legal research. Empirical juridical legalresearch or sociological legal research is research conducted directly at the site or in the field toobtain data to provide a complete and clear picture of the problem under study. This research wasconducted in the city of Pekanbaru, namely in the Class I A Pekanbaru District Court. The dataused are primary data, secondary data and tertiary data, data collection techniques usinginterviews and literature studies.Based on the results of the research and discussion it can be concluded that the first,Regulation of Sanctions Against Children in Indonesian Positive Law is regulated in the ChildCriminal Justice System Law also implements a double track system in imposing sanctions onchildren who are faced with the law, namely criminal sanctions and sanctions for action. Secondly,the effectiveness of imposing sanctions on the offender's child in Pekanbaru district court that thepunishment of children still has weaknesses in terms of stipulating sanctions for actions asregulated in the laws and regulations set out in the judge's decision. This can be seen from furtherguidelines in terms of determining sanctions for actions based solely on the convictions of judgesand not yet explicitly regulated and clearly the mechanism for determining sanctions for action.Suggestions, Regulation of Sanctions for Children needs to be regulated further so that in the futurein order to achieve the goal of conviction and provide certainty and benefit to perpetrators andvictims in this case the revision of the legislation on the juvenile justice system needs to be reviewedin relation to the criteria for sanctions for imposing sanctions the action against the child of theoffender in the pekanbaru district court can only be said to be effective if the regulation in the lawis implemented in the judge's decision so that there are guidelines in determining the criteria forsanctions for achieving the objectives of the punishment.Keywords: Effectiveness of the imposition of action sanctions on child offenders
Pelaksanaan Pemberian Hak Terhadap Narapidana Wanita Hamil di Lapas Kelas II A Kota Pekanbaru Diana, Diana; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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The rights between female prisoners and male prisoners are the same, only in this case because the prisoners are women, there are several rights that are given special treatment from male prisoners who differ in several ways, including because women have a nature that is not owned by male prisoners namely menstruation, pregnancy, childbirth, breastfeeding, so in this case the rights of female prisoners need special attention according to both the Law and prison officials throughout the territory of Indonesian. But the facts that occur in the field are not completely in accordance with the regulations that have been made by the government. What happened at Pekanbaru Class IIA Correctional Institution is that prisoners of pregnant women have difficulty obtaining health rights. Therefore the formulation of the problem of this thesis, namely: first, what is the implementation of the granting of rights for prisoners of pregnant women in Class IIA Lapas Pekanbaru City; Secondly, what are the barriers to granting rights for prisoners of pregnant women in Pekanbaru Class IIA Prison.This type of research can be classified in the type of empirical juridical legal research or sociological legal research. Juridical empirical research is research carried out by identifying the law and how the effectiveness of the law applies in society. This research was conducted at the Women's Penitentiary in Pekanbaru Class IIA Lapas. Data sources used, namely: primary data and secondary data. Data collection techniques in this study with Observation, Interview, and Literature Study.Conclusions that can be obtained from the results of the first study, the implementation of the granting of rights for prisoners of pregnant women in Class IIA Lapas Pekanbaru City has not been implemented properly, while based on Article 8 of Law No. 36 of 2009 concerning Health each person has the right to health as well as female prisoners pregnant, but the implementation of the exit permit was too complicated, so the implementation became ineffective. Second, the barriers to giving out permission for pregnant women prisoners in Pekanbaru Class IIA Prison namely regulations imposed in Class II A Correctional Institutions in Pekanbaru City are still in general, lack of funds and lack of infrastructure facilities so that services are inadequate, lack of professional performance of agency employees Correctional means that the rights of pregnant women prisoners are not met, the factor of the family of pregnant women prisoners who are often indifferent to the conditions of the pregnant female prisoners and the prisoners of pregnant women themselves who do not want to apply for an exit permit on the grounds that the conditions are too complicated. The author's suggestion is that it is expected that the competent government should issue laws or official regulations to fulfill women's special rights.Keywords: Rights of Prisoners-Pregnant Women-Pekanbaru
PERLINDUNGAN TERHADAP KONSUMEN GARAM YANG TIDAK BERYODIUM DI KABUPATEN LIMA PULUH KOTA Adelina, Cindi; Firdaus, Firdaus; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Article 8 paragraph (1) Letter (a) and (e) of the Consumer Protection Act stipulates that businessactors are prohibited from producing and / or trading services that: (a) do not fulfill or do not comply withthe requirements and statutory provisions . Letter (e) states that it is not in accordance with the quality,level, composition, processing, style, mode or certain usage as stated in the label or description of the goodsand / or services. In the Lima Puluh Kota district there are business people who produce non-iodized salt sothat it harms consumers both materially and immaterial. The purpose of this thesis, namely: first to find outhow the implementation of consumer protection by businesses against the sale of non-iodized salt in LimaPuluh Kota District, secondly to find out why businesses do not produce iodized salt in Lima Puluh KotaRegency.This type of research casn be classified in sociological research. To obtain data in writing thisthesis, field research and library research were conducted. this research was conducted in Lima Puluh KotaRegency. while the population and sample are all parties related to the problems examined in this study,data sources used primary data and secondary data, data collection techniques in this study by observation,interviews, questionnaires, and literature studies.Based on the results of the problem research there are two points that can be concluded, the first isthat the implementation of consumer protection against the sale of non-iodized salt based on the reality inthe field is not as appropriate, as regulated in Law Number 8 of 1999 concerning Consumer Protectionbusiness actors are not responsible for producing or distributing non-iodized salt. Second, the reason saltproducers do not produce iodized salt because of several factors, namely economic / capital factors,education / knowledge factors and licensing factors. This happened due to lack of understanding of theproducers regarding rights and obligations as a producer.Keywords: Protection - Consumers - Non-iodized Salt
IMPLEMENTASI PENGELOLAAN RUANG TERBUKA HIJAU DI KOTA PEKANBARU DIKAITKAN DENGAN HAK ANAK Iqbal, M. Satria Arde; Firdaus, Emilda; Artina, Dessy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Green Open Space is a facility that must be a priority in the managementof an urban area. Based on Article 13 and 14 of Law Number 32 of 2004,management and control of the environment is the authority of the region, both inthe provinces and regencies or cities.Everyone has the right to a good and healthy environment because it ispart of human rights. Everyone has the right to get environmental education,access to information, access to participation, and access to justice in fulfillingthe right to a good and healthy environment. Just like children who also havehuman rights, the lack of play space makes children play more in the environmentthat cannot accommodate their needs. Article 4 number 2, 3 and number 6 of theMinister of Home Affairs Regulation Number 1 of 2007 concerning Urban GreenSpatial Arrangement, explained that green open spaces have benefits aseducational facilities, means of social interaction and facilities for socialactivities for children.Based on the problems raised, researchers use legal research methodsusing a sociological judicial approach, namely a research approach thatemphasizes the legal aspects (legislation) with regard to the subject matter to bediscussed, related to the reality in the field.The conclusion that can be obtained from the results of the study is thatthe maintenance and utilization of green open space cannot be said to be good,seen in terms of quality and quantity. There are several obstacles in themanagement of green open space in an effort to create quality green open spaces.There are also several efforts that will be made by the Pekanbaru Citygovernment in overcoming obstacles.key words: implementation, green open space, management, children's rights
Implikasi Prinsip Exhaustion Terhadap Sengketa Impor Paralel Merek Dagang (Trademark) Dhiaulhaque, Nada; Jayakusuma, Zulfikar; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Marks is a name and/or symbol that is used by a company that has been developed by the companyto symbolized their reputation and to placed their products in the market. Lately, in the revolution oftrading, one of the problem that are oftenly happens are parallel imports. Parallel imports is a confusingoccurance, in one hand it is a distribution of original products the other hand its distribution is notpermitable by the intellectual property rights holder and/or licensor. Parallel imports occurs ininternational trade and it is hard to solve it, every state has their own “exhaustion of rights”.This research used a normative research methode, it’s starting points begins from the lawperspective field (textual), with identifying to its formulable norm. This research is descriptive research todescribe the actual event when the research was held, through collecting data and interpretated one anotherso it will give a proper formula and analysis to the existing problem. The data source is secondary soucethat consist of primary material, secondary material, and tertier material.From this research we can conclude, first, exhaustion of rights that occur within the article 6 ofTRIPs always become the loophole for the parallel imports defendants, with the exhaustion of rights withinthis upnormal situation, it could give a long-term effects to the product that are effected by the parallelimportation. Starting from the reduced investment, hampered innovation, goodwill contaminated, also therapid development of channels of parallel import of sheltering the perpetrators behind article 6 TRIPs.Secondly, exhaustion of rights that is happening within every state would be different in their application.This depends on what kind of “exhaustion” they’re using. The exhaustion of rights also affect how theintellectual property rights holder exclusive right and/or the licensor in controlling of their products.Keywords : Parallel Imports, Trademark, Exhaustion of Rights, Exclusive Right, Intellectual Property Right.

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