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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
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Search results for , issue "Vol 6, No 1 (2019): Januari -Juni 2019" : 105 Documents clear
KEWENANGAN PENGADILAN NIAGA DALAM MEMUTUS PERKARA KEPAILITAN DENGAN KLAUSUL ARBITRASE Apmayuda, Andrian; Firdaus, Firdaus; Hasanah, Ulfia
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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There are many ways in which business people can develop their business, there are people whocarry out large-scale promotions, open branches in different places, and so on. No small amount of money isneeded to develop the business. An alternative for business people to obtain sources of financing is byborrowing from different sources. The loan granted to the business actor by the lender and acting as adebtor is based on the assumption that the creditor believes that the debtor can pay the debt on time. if thereis a problem between the two parties regarding the agreement, this will be resolved through consultation. Ifno deliberation is reached, this will be resolved through an arbitration channel.Agreements between debtors and creditors often contain arbitration conditions. When a bankruptcydispute arises, which polemic arises which institution is authorized to resolve bankruptcy disputes, whetherthis is the commercial court or the arbitration body. The purpose of this essay, namely: first, to establish thebasis of authority of the commercial court to try bankruptcy cases related to the existence of arbitrationclause, secondly, to know the legal consequences of bankruptcy decisions of the commercial court withregard to the existence of arbitration clauses.Het type onderzoek dat wordt gebruikt bij het schrijven van deze wet is normatief juridischonderzoek. Door bibliotheekonderzoeksmethoden, gebruikte gegevensbronnen, primaire gegevens,secundaire gegevens en tertiaire gegevens te gebruiken, worden gegevensverzamelingstechnieken die in ditonderzoek zullen worden gebruikt, uitgevoerd door middel van literatuurstudies met daaropvolgendekwalitatieve analyse beschreven met en afgesloten met behulp van deductieve denkmethoden.Two important things can be concluded from the results of the study. First, if you pay attention to theagreement entered into by the parties through a link with the Civil Code (Article 1320 and Article 1338), thearbitration body has the authority to first settle the matter between PT. Fertilizer Indonesia and PT. SriMelamin Rejeki and the commercial court should not have the authority to check in advance, so the positionof the creditor must be determined in advance by an arbitration award. Secondly, the legal consequences ofbankruptcy decisions of the commercial court are related to the existence of arbitration clauses, namely thatthe arbitration body can continue the proceedings even though the parties to the commercial court haveargued because it was first bound by an arbitration clause according to the pacta sunt servanda inviteseveryone who makes it. The arbitration body may continue the dispute proceedings in the arbitration case,even if one of the parties has been declared bankrupt by the commercial courtKeyword: Autority - Commercial Court – Bankruptcy – Arbitration Clause
Kedudukan Surat Keterangan Pembebasan Lahan Oleh Pemangku Adat Terhadap Pemilikan Tanah Di Atas Tanah Ulayat Di Desa Pantai Cermin Kecamatan Tapung Kabupaten Kampar Irwani, Nike; Firdaus, Firdaus; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Ulayat land is communal property which may not and cannot be registered in the name of one orseveral parties. Customary land with the principle of communal ownership, the use and distribution of itsuse is subject to regulation according to customary law. In Pantai Cermin Village, Tapung Subdistrict,Kampar Regency, the ruler of the authorized ulayat land is someone who is a custom called Datuk Ruler ofUlayat Land Rights named Datuk Ajo Panji Alam who issues a letter on ulayat land, known as LandAcquisition Certificate hereinafter referred to as SKPL. SKPL is a basic letter issued by the Ruler of UlayatRights Land, Datuk Ajo Panji Alam, as proof of customary land / land acquisition for use rights notownership rights. However, in reality many fields of SKPL are used as property rights. SKPL as a basicletter which is proof of release from the ruler of the customary land rights is increased again to become aLand Ownership Certificate (SKT), Statement of Compensation (SKGR) to the Certificate of Ownership(SHM). The purpose of this essay is: First, to find out the position of SKPL issued by adat stakeholders onland ownership over communal land. Second, to know the mechanism for transferring the right to use intoownership rights over communal land.This type of research can be classified as sociological, because in this study the author immediatelyconducted 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 in Pantai Cermin Village, Tapung District, KamparRegency, while the population and samples were all parties related to the problems examined in this study,data sources used primary data, secondary data, and tertiary data, data collection techniques in this studyby observation, interview, questionnaire, and literature study.From the results of the study two things can be concluded. First, the position of SKPL is as a basicletter issued by Datuk Ajo Panji Alam as proof of customary land / land acquisition for use rights notownership rights. Second, the transfer mechanism, which starts from the management of SKPL to the levelof SHM. As all the steps to the management are fulfilled, the rights granted by the ruler of the customaryland of Datuk Ajo Panji Alam automatically which starts from the right to use, not the right of ownership,will change into one's own full rights. Author's suggestion, First, communal land should be for nephewchildren or tribal members. Secondly, the village government and the Datuk Ruler of Ulayat Land Rightsshould pay more attention to and supervise communal land use.Keywords: Position - SKPL - Ulayat Land
PELAKSANAAN PERJANJIAN KEBERANGKATAN IBADAH UMROH ANTARA CALON JAMAAH UMROH DENGAN PT. HIJRAH HARAMAIN DI KOTA MEDAN A. M, Wita Trisnawati; Firdaus, Firdaus; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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As is known that Islam is the majority religion in Indonesia, which means it has the most number of followers. In Islam it has five pillars of Islam which are obligatory to be executed by each of its followers. The pillars of Islam consist of two sentences of creed, establish prayer, undergo fasting, paying zakat, and performing hajj and umroh. In accordance with Law Number 13 of 2008 concerning the Implementation of Hajj, that the pilgrimage and pilgrimage travel can be carried out individually and in groups through the organization of pilgrimage and pilgrimage trips carried out by the government or travel agencies that have obtained permission from the Minister of Religion. Every prospective pilgrim who wants to perform Umrah cannot go alone without going through a travel agency which currently stands a lot, one of which is a pilgrimage company located in the city of Medan, PT. Hijrah Haramain. The implementation of the departure of prospective Umrah pilgrims conducted by PT. Hijrah Haramain with the prospective pilgrims used an agreement. However, the implementation of this agreement does not work as it should. PT. Hijrah Haramain failed to appoint prospective Umrah pilgrims because of PT. Hijrah Haramain itself. The purpose of this thesis is: First, to know the implementation of the umroh worship departure agreement executed by PT. Hijrah Haramain, Second, to find out the accountability of PT. Hijrah Haramain due to the cancellation of the departure of prospective pilgrims.This type of research can be classified in the type of sosiological juridical research. The research was conducted at PT. Hijrah Haramain in Medan City. 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, PT. HIjrah Haramain did not implement the agreement as agreed with the prospective Umrah pilgrims, namely the default that had occurred by PT. Hijrah Haramain by not dispatching prospective Umrah pilgrims. Second, PT. Hijrah Haramain did not pay compensation as a form of his responsibility for the cancellation of the departure of prospective Umrah pilgrims.Key Words: Umrah – Agreement – Default - The Organizer Of The Umrah Service – Prospective Umrah Pligrims
Implikasi Perubahan Delik Formilke Materiil Dikaitkan Dengan Putusan Mk Nomor 25/Puu-Xiv/2016 Dalam Tindak Pidana Korupsi Pane, Paisal Arifsa; Effendi, Erdianto; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Based on the ruling of the Constitutional Court the number 25/PUU-XIV/2016 that States that theword "may" in article 2 paragraph (1) and article 3 of Act No. 20 Year 2001 is contrary to the basic law sothat the word "may" was abolished. This can have an impact to the process of law enforcement which wordscan be wiped out before, only a indication of the State financial losses can already be declared as a suspectafter the abolition of the Word can then State financial losses should be counted for sure. Law enforcementtends to wait for the calculation of the authorized agency according to the 1945 Constitution Article 23E toexamine management and responsible about the finances of the State held one of the Agency's financialInspectors free and independent, pertegas in the back with the law number 15 Year 2006 About AgencyFinancial Examiners.This type of research can be classified in types of normative research karna in the study related tothe law review principles of norms of the law, aiming to find out the impact of the mutusan MK number25/PUU-XIV/2016 and legal certainty State financial losses of post that verdict.Calculation of the financial losses of the country itself is often all be permaslaahan in the courtswhich related institutions which calculate the financial loss to the country. The fact that happens the Courtoften use the institutions other than the CPC, this will give rise to a debate that would be barriers againstlaw enforcement and the legal certainty of the financial state of the matter has not yet been fulfilled so thatthe law enforcement had been waiting for the results of the audit institution that authorities will havebarriers.With regard to the cases of post the verdict of law enforcement should be more meticulous inspecifying a person as a suspect because whenever the case is running before the ruling of theConstitutional Court were valid then after court ruling The Constitution that law enforcement mustcalculate the return loss of the State because it applies the principle of oportunitas which in article 1paragraph 2 of the CRIMINAL CODE States that when there is a change in the legislation after the deed isdone, then against the defendant the most advantageous conditions applied and calculating losses of Stateinstitutions must be designated precisely so that it will be able to harm the country.Keywords: Crime-Corruption
PERTANGGUNGJAWABAN PIDANA PENIPUAN OLEH PERUSAHAAN BIRO PERJALANAN HAJI DAN UMROH Dimas Prayoga; Erdianto Effendi; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Business opportunities to hold umrah services are very interesting becausethe majority of the population of Indonesia is Muslim. Fraud cases carried out bythe Hajj and Umrah Travel bureau companies are not the only corporate criminalacts that occur in Indonesia, Fraud Cases of the First Travel Hajj and Umrahtravel agencies, Abutours, fraud cases of the Hajj and Umrah travel agents JoePentha Wisata, Fraud travel agency cases Hajj and Umrah, PT Solusi BaladLumampah (SBL). The rarity of corporations that are made as suspects ordefendants is certainly interesting to study and study.This type of research can be classified in normative legal research, namelylegal research conducted by researching library materials. This study examinesthe subject matter in accordance with the scope and identification of the problemthrough a statute approach carried out by examining the laws and regulationsthat relate to the legal issue under study. In this study the authors conducted astudy of the principles of law by utilizing descriptive methods. Data collectiontechniques used in the Normative Legal Research are library research methods(library research) which uses the library as a means of collecting data, bystudying books as reference material related to the problems to be studied.The conclusion that can be obtained from the results of the study isCriminal Crime Accountability by the Company Hajj and Umrah Travel Agenciesexperiencing obstacles. There is no uniformity of understanding among lawenforcement officials ranging from the police, prosecutors to the judiciary aboutthe criminal responsibility of the corporation. The Ideal Setting of Fraud CrimeAccountability by Hajj and Umrah travel agency companies must provide legalcertainty. The formulation of when a corporation can be said to commit a crimemust be clearly regulated, namely when the crime is carried out by people, eitherbased on work relations or based on other relationships, acting within thebusiness entity or in other words corporate crime can only occur when a personacts in a corporate environment both in work relations and other relationships,outside of these restrictions cannot be regarded as a corporate crime.Keywords: Criminal Liability, Corporations, Fraud, Hajj and Umrah TravelBureau
GAGASAN PENATAAN SISTEM LEGISLASI DALAM SISTEM PEMERINTAHAN PRESIDENSIAL DIKAITKAN DENGAN UPAYA MEWUJUDKAN SISTEM PARLEMEN DUA KAMAR YANG SAMA KUAT (STRONG BICAMERALISM) DI INDONESIA Reynold M Panggabean; Mexsasai Indra; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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The amendment to the 1945 Constitution of the Republic of Indonesia (the 1945 Constitution)has resulted in changes to the constitutional system including changes to Indonesia's legislation practicesand systems. The results of the amendments to the 1945 Constitution put the legislative function only inthe House of Representatives (DPR). As the second chamber of the parliament, the RegionalRepresentative Council (DPD) does not have a legislative function like the DPR. The absence of thelegislative function in the DPD made the DPD not optimal in fighting for regional interests at thenational level, and made the DPD limited to sub-ordination bodies rather than the DPR. Because theDPD does not have a legislative function as the main function of the representative room, the DPDcannot actually be said to be part of the Indonesian representative body. Because, the DPD in fact isweak and powerless in carrying out its representative functions as a regional representative body. Inaddition, the absence of a legislative function in the DPD gave rise to the risk of a situation of instabilityin the administration of the government carried out by the Government (president). Changes to the 1945Constitution place the practice of legislation carried out jointly by the Government (president) and theDPR. Because the DPD does not have a legislative function as the main function of the representativeroom, the DPD cannot actually be said to be part of the Indonesian representative body. Because, theDPD in fact is weak and powerless in carrying out its representative functions as a regionalrepresentative body. In addition, the absence of a legislative function in the DPD gave rise to the risk ofa situation of instability in the administration of the government carried out by the Government(president). Changes to the 1945 Constitution place the practice of legislation carried out jointly by theGovernment (president) and the DPR.This type of research can be classified in the type of normative juridical research, because inthis study the author uses legal literature material or mere secondary data as data in this study, the datasources used, primary legal materials, secondary legal materials and tertiary legal materials.From the results of the research and discussion of the problem there are two main things thatcan be concluded. First, the Indonesian legislative system after the amendment to the 1945 Constitutionhas not been able to realize a strong bicameralism in Indonesia. Post-change, the DPD does not have alegislative function like the DPR. Thus, the DPD as the second chamber of the representative body isnot in the same (relative) position as the DPR, in carrying out its duties and functions as the regionalrepresentative body. Second, in order to realize a strong parliamentary parliamentary system, thestructuring of the legislative system through formal amendments to the 1945 Constitution became animportant and urgent need to be realized. The arrangement of the legislative system was intended toeliminate the involvement of the president in the practice of joint discussion and approval of the draftlaw (RUU) with the DPR, while also providing the same legislative function to the DPD and DPR. Theauthor's suggestion, given that there have been so many shortcomings or weaknesses than theconstitutional system stipulated in the 1945 Constitution, the authors suggest that the formalamendments to the 1945 Constitution be realized immediately. It is expected that DPR members willopen themselves to help with the amount of quorum votes needed to implement the formal amendmentsto the 1945 Constitution.Keywords: Legislation System – DPD – Parliamentary System- Strong Bicameralism
Pelaksanaan Perjanjian Kerja Sama Tanah Ulayat Antara PT. Akasindo Hutan Rakyat Dengan Kelompok Tani Kenegerian Simandolak Jaya Kecamatan Benai Kabupaten Kuantan Singingi PRIANDO MAHDELTA; Maryati Bachtiar; Dasrol '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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The agreement is referred to as agreement or agreement, because theparties that make it certainly agree on the contents of the agreement made tocarry out certain achievements. In its form, the agreement is in the form of aseries of words that contain promises or abilities that are spoken or writtenbetween two or more people who are bound together. The will of the partiesembodied in the agreement is the basis for binding an agreement in Frenchcontract law. This will can be expressed in various ways both oral and writtenand binds the parties with all legal consequences. As is known, the French CivilCode affects Burgelijk Wetboek Netherlands, and subsequently based on theconcordance principle, Burgelijk Wetboek Netherlands is adopted in theIndonesian Civil Code.Agreement between PT. Akasindo Rakyat Forest with Simandolak JayaFarmers Group has reached an agreement in the deliberation, namely the PT.Akasindo will build rice field irrigation for the community within 3 months afterthe consultation. But in reality the agreement has not been realized by PT.Akasindo Hutan Rakyat even though the agreement has been running for 9 monthsafter deliberation. For this reason the author feels that PT. Aksindo Hutan Rakyatas the party who promised to be negligent from the agreement that had beenagreed upon, and the community felt that they had been disadvantaged, especiallythe people who were very hopeful of rice field irrigation, but until now they didnot get it.Direction to every Kenegerian Simandolak Jaya community to accept theresults with an agreement for regional development in Kenegerian SimandolakJaya. As well, PT. Akasindo Hutan Rakyat carried out the contents of theagreement that had been agreed with the Management of the KenegerianSimandolak Jaya Farmers Group so that the implementation of the cooperationcould run well and there would be no more problems arising between the twoparties.Keywords: Agreement - Implementation of Agreement - Ulayat Land
INTERPRETASI TUJUH HARI SIDANG PRAPERADILAN ANTARA HARI KERJA DAN HARI KALENDER DALAM BEBERAPA KASUS PRAPERADILAN DI PENGADILAN NEGERI PEKANBARU Orde Prianata; Erdianto Effendi; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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The pretrial hearing is conducted quickly and the minutes and pretrial decisionsare made like a brief examination and are chaired by a single judge. Seven days is aprovision mandated by the Criminal Procedure Code for the implementation of a quickand simple pre-trial series, starting from the commencement of the examination. TheConstitutional Court through decision number 78 / PUU-XI / 2013 asserted that at thelatest seven days the pretrial process is to provide legal certainty, especially forapplicants who feel their rights are harmed.This type of research is empirical juridical research that is as an effort toapproach the problem under study with the nature of law that is real or in accordancewith the reality in the field, because in this study, researchers immediately conductresearch on the location or place under study to provide a complete and clear pictureabout the problem under study. The nature of this research is descriptive. This studyuses secondary data, namely data that has been prepared.The results of this study are the interpretation of judges related to the seven-daypretrial hearing between workdays and calendar days in some cases and theirrelevance to the judge's code of ethics in the Pekanbaru District Court varies. There arestill interpretations of judges who are not in accordance with the provisions of theKUHAP so that there are still judges who decide that pretrial cases exceed 7 workingdays. Fulfillment of the right of the applicant with a related interpretation of the sevendaypretrial hearing between the working day and calendar day in the PekanbaruDistrict Court still contains several cases that indicate the fulfillment of the right of theapplicant in accordance with the provisions in the Criminal Procedure Code. In Article82 paragraph (1) letter c KUHAP no later than seven days the judge must have made adecision, while there are still a number of cases where the judge's decision is imposedmore than 7 days.Keywords: interpretation, seven days trial, pretrial.
TINJAUAN TERHADAP PENERAPAN SURCHARGE OLEH PELAKU USAHA KEPADA KONSUMEN DALAM TRANSAKSI MENGGUNAKANKARTU KREDIT Lubis, Putri Mirta Fitriyanti; Firdaus, Firdaus
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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The implementation of credit card is inseparable from the legal relationshipthat occurs behind it all, the legal relationship between the credit card companyand the credit card holder or the merchant, as well as the legal relationshipbetween the credit card holder and the merchant where the credit card holder isshopping. In the regulations there is no regulation clearly related to surchargeeven in the explanation.This type of research can be classified in the type of sociological legalresearch, because in this study the authors immediately conduct research on thelocation or place under study in order to provide a complete and clear picture ofthe problem under study. This research was conducted in Pekanbaru City, whilethe population and samples were Cards and Merchant Business Managers,Assistant Sales Cards and Merchant Business, Merchant Branch Relationship,Merchants, and Consumers. The data sources used are primary data, andsecondary data. Data collection techniques in this study were interviews,questionnaires, and literature review.The conclusion that can be obtained from the results of the study is Theapplication of Surcharge by Business Actors to Consumers is very detrimentaland does not provide a sense of justice for consumers. business actors who stillmake additional costs to consumers without considering the objections ofconsumers in each transaction. Though the actions taken give a loss to consumersin each transaction. Protection of Consumers in the Application of Surcharge byBusiness Actors in Transactions using Credit Cards still does not fully obtainlegal protection, moreover consumers do not complain about the imposition ofsurcharge. efforts made by consumers towards the application of Surcharge inproviding Justice for Consumers by conducting a BNI Credit Card ComplaintsUnit via email or fax no later than seven days after the transaction date.Complaints from the card holder will then be examined and processed by the BNICard Business Unit no later than 14 working days and the additional fees chargedby the merchant will be returned in the form of a credit balance on the credit cardbill the following month.Keywords: Application, Surcharge, Merchant, Consumers, Transactions, CreditCards
PRAKTEK JUAL BELI ATAS TANAH DENGAN AKTA DI BAWAH TANGAN DI DESA SUKAMULYA KECAMATAN TAPUNG Nst, Sri Rahmayana Br; Ismi, Hayatul; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Government Regulation No. 37 of 1998 concerning the Occupational Regulation of the Land DeedMaker said that PPAT has the main duty to carry out part of land registration activities by making a deed asevidence that certain legal acts have been carried out regarding land rights or ownership rights to theapartment unit, which will be made the basis for registration of changes to land registration data caused bylegal actions which is one of the problems is the sale and purchase of land with an underhanded deed hasoccurred in Sukamulya Village, Tapung District. Therefore, the purpose of this Thesis Writing, namely: first,What is the practice of buying and selling land with a deed under the hand in Sukamulya Village, TapungDistrict; Second, Is the factor causing the practice of buying and selling land with a deed under the hand inSukamulya Village, Tapung District.This type of research can be classified in the type of empirical or sociological legal research, because inthis study 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. This research was conducted in Sukamulya Village,Tapung District. Data sources used, namely: primary data and secondary data. Data collection techniques inthis study with Observation, Interviews, and Literature Study.Conclusions that can be obtained from the results of the first study, Land Sale Practices with DeedUnder Hands in Sukamulya Village, Tapung Subdistrict, have become a habit in the community, even the peopledo not know that land sale and purchase must be done before PPAT officials do not enough by using theagreement letter, the land sale and purchase agreement that was known by the village head Second, the causesof the practice of buying and selling land with a deed under hand in the village of Sukamulya, Tapung subdistrict,are the people who do not understand or even ignorance of the seller or buyer of land regarding theapplicable legal provisions, on the basis of mutual trust between the seller and the buyer. rights and obligationsas sellers and buyers of land, land that is the object of sale and purchase has not been certified, does not havethe cost of transferring rights and facilitates the process of transferring rights. The author's advice is to givelocal governments an understanding of the importance of buying and selling land rights in the presence of landdeed-making officials (PPAT) and the community so that they are participatory as legal subjects, so that actionscarried out in community do not cause harm to the community itself.Keywords: Buying and selling-Deed under the PPAT-hand

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