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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
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Articles 258 Documents
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Search results for , issue "Vol 6, No 2 (2019): Juli - Desember 2019" : 258 Documents clear
PERLINDUNGAN KONSUMEN DALAM PELAYANAN AIR MINUM PDAM TIRTA INDRAGIRI HILIR DI KABUPATEN INDRAGIRI HILIR Ibnu Hajar; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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This study discusses about consumer protection in drinking water services of PDAM Tirta Indragiri Hilir in Indragiri Hilir Regency, consumer protection is all efforts that ensure legal certainty to provide protection to consumers. As an institution that provides public services and also at the same time aims to obtain profits, the Regional Drinking Water Company is required to be able to provide the best service for its customers, by providing customer rights as regulated in Law Number 8 of 1999 concerning Consumer Protection. The PDAM must always improve its services by taking steps both internally and externally to provide legal protection for its customers. The purpose of writing this skipsi is, first, to find out the implementation of the responsibility for the service of PDAM Tirta Indragiri Hilir to the community in Indragiri Hilir Regency, secondly to know the PDAM responsibility towards customers who are disadvantaged by water services by PDAM Tirta Indragiri Hilir. The type of legal research used by the author is a type of sociological legal research that is research that wants to see the correlation between law and society, so as to reveal the effectiveness of the validity of law in society. This research was conducted at the Regional Water Company of Tirta Indragiri Hilir, Indragiri Hilir Regency. Sociological legal research uses primary data and secondary data, while the population and samples are parties related to the problem under study, namely the PDAM Tirta Indragiri Hilir and the community as consumers of PDAM Tirta Indragiri Hilir. The technique of collecting data in this study was library research, interviews and questionnaires. From the results of this study the author concludes that the responsibility of the businessman of PDAM Tirta Indragiri Hilir in providing clean water needs in Indragiri Hilir Regency has not been carried out optimally, the availability and needs of water in Indragiri Hilir Regency are still difficult to do, the form of responsibility carried out by the Actor The business of PDAM Tirta Indragiri Hilir which has caused losses to the community is by installing Pam Plow Meter and Browsing, installing the Water Meter (WM) for the parent and will replace Nseveral subscription Water Meter connections, will cooperate with PT. Setia Mandala Surabaya for water treatment and with PT. Nafarij Jakarta and PT. POS Indonesia (Persero) Tembilhan Post Office to improve the quality of technology- based performance. Keywords: Consumer Protection - Regional Water Company Tirta Indragiri Hilir - Consumer
Penerapan Asas In Dubio Pro Reo Terhadap Pertimbangan Hakim Dalam Putusan Nomor: 423/PID.SUS/2015/PN.DUM Tentang Perkara Perambahan Hutan Poltak H Situmorang; Evi Deliana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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A reglation or law is just a device. Law in principle must be upheld to achieve justice. Judges as the last estuary of judiciary may not only be as mouthpieces or implementers of the law alone, but judges are required to be able to make legal discoveries so that a sense of justice in society can be achieved. As in the case of the forest encroachment by the defendant Ashari, the judge is expected to be able to make legal discovery and bring justice in his decision. Based on this understanding the authors formulated three problem formulations. First, what is the basis for the judge’s judgment in issuing decisions in the case of forest encroachment. Second, how judge’s should consider in deciding cases of forest encroachment in the event of a change of law. Third, how is the application of the principle in dubio pro reo by the judge in decision Number:423/PID.SUS/PN.DUM conerning the case of forest exploitation.The type of research or problem approach that will be used in this research is normative juridical. In this normative research, law is conceptualized as what is written in the legislation (law in books) or law is conceptualized as a rule or norm which is a benchmark of human behavior that is considered appropriate.The result of this study it can be seen that the legal consideratios by the judge determine what will be the decision of the defendant. Judges is passing verdicts cant merely consider what is contained in the laws and regulatios and facts at the hearing, but also pay attentions to any values and norms that exist and live in society. This justice is not only what is felt by the people but also justice for the environment (ecological justice). When examining the case of the existing laws and regulations its not completely perfect so that it can answer every legal problem that ccurs in the communty. Because basically legislation is only one stage in the process of legal formation. So for that, the judge needs to make the next stage of legal formation through the creation or this covery of the law to answer any existing legal flaws. In passing the verdict, the judges often have doubts about aplayingthe law to the defendant, in this case the judge must decide the things that are most beneficial for accused or are called the principle in dubio pro reo. In addition, the panel of judges can apply the principle in dubio pro natura. In addition to ensuring the fulfillment of human rights for everyone who is presented before a trial, also must pay attention to aspects of environmental protection.Keywords: Judge Consideration-Decision-Legal Discovery-Principle In Dubio Pro Reo-Principle In Dubio Pro Natura
EFEKTIFITAS PENERAPAN E-TILANG TERHADAP PELAKU PELANGGARAN LALU LINTAS KENDARAAN BERMOTOR RODA DUA DI WILAYAH HUKUM RESOR KOTA PEKANBARU ADE Inda Yani; Erdianto Effendi; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The level of public awareness is low in traffic discipline and due to the many problems in traffic, thegovernment rules are established Law No. 22 of 2009 concerning Road Traffic and Transportation. inreality the settlement of traffic cases is carried out by way of out of court or peace in a place contrary to theexisting rules of positive law. This background makes the police establish E-Tilang regulations based onarticle 272 of Law No. 22 of 2009 concerning Road Traffic and Transportation, and PERMA No. 12 of 2016concerning Procedures for Settling Traffic Violations and Law No11 of 2008 concerning Info and ElectronicTransactions. But in reality there is still illegal collection in terms of resolving traffic violation cases eventhough there are laws that regulate them. The purpose of this study is; first to find out the Factors that causethe occurrence of extortion in the settlement of traffic violation cases, both the extent of the effectiveness ofthe E-ticket in suppressing the rate of violation of two-wheeled motor vehicles in the legal area ofPekanbaru .This type of research can be classified in the type of sociological research, because in this studyimmediately conducted research on the people of Pekanbaru City and Pekanbaru Police. While thepopulation and sample are all parties related to the problem under study. In this study the data sourcesused, primary data, secondary data and tertiary data. Data collection techniques in this study were byobservation, interview, questionnaire and literature study.From the results of the research problem there are two points that can be concluded. First Thecausal factor is why there are still illegal levies in the settlement of violations of two-wheeled motor vehiclesthat Law No. 22 of 2009 concerning Road Traffic and Transportation Law No. 22 of 2009 concerning RoadTraffic and Transportation, and PERMA No. 12 of 2016 concerning Procedures for Settling TrafficViolations and Law No. 11 of 2008 concerning Information and Electronic Transactions. Not carried outproperly. Second, the effectiveness of the application of E-Tilang in reducing the level of traffic violations oftwo-wheeled motorized vehicles in the jurisdiction of the city of Pekanbaru has not been effective, it can beseen from the results of data that traffic violations are increasing. The suggestion of the author, first, is thatthe supervisor of the police is expected to pay more attention to the things that occur in the field and find outwhat are the factors that still occur in extortion. Hopes also for the community to be more disciplined intraffic and create a culture of legal order and it is expected that there are strict sanctions to the trafficpolice who still carry out illegal levies in resolving cases of traffic violations.Keywords: traffic violations – effectiveness- illegal levies
Perlindungan Hukum Pelaku Usaha Atas Penggunaan Economic Evidence Sebagai Alat Bukti Petunjuk Dalam Hukum Persaingan Usaha di Indonesia Melkisedek Vajar Silaban; Hayatul Ismi; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Differences in perspective on the position of economic evidence as evidence in business competition law in Indonesia at the level of the Business Competition Supervisory Commission, District Court, to the Supreme Court occur or are caused by no conformity of regulations related to the use of evidence in Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Business Competition resulting in frequent KPPU decisions being canceled. The study entitled "Legal Protection of Business Actors over the Use of Economic Evidence as Proof of Guidance in Business Competition Law in Indonesia", has the problem formulation of how the position of economic evidence as evidence evidence of instructions in resolving business competition disputes in Indonesia and how is the legal protection of business actors for the use economic evidence as evidence of instructions in business competition law.The purpose of this thesis is: first, to find out the position of economic evidence as evidence evidence in the resolution of business competition disputes in Indonesia. Second, to find out the legal protection of business actors for the use of economic evidence as evidence evidence in business competition law in Indonesia. This type of research is normative legal research or can also be called doctrinal legal research. In this normative study the researcher conducts research on the principles of law. This research is a descriptive analysis which describes and analyzes the problems raised that aim to describe concretely about the legal protection of business actors for the use of economic evidence as evidence evidence in business competition law in Indonesia.From the results of the research there are two main issues that are concluded, first, in terms of the position of economic evidence as evidence evidence for its use does not yet have a clear and firm regulation in the Act. Number 5 of 1999 concerning the prohibition of monopolistic practices and unfair business competition Secondly, in terms of providing legal protection for business actors in order to provide legal certainty it is necessary to make a revision related to the regulation regarding the handling of business competition cases at the KPPU level, the District Court, to the Supreme Court to prevent dualism law. And regarding the concept of proving indirect evidence in resolving business competition disputes needs to be regulated firmly and clearly in Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition so that it can become a reference for KPPU, District Courts, and Supreme Court institutions in handling business competition casesKey words: Legal Protection – Economic Evidence – Competition Law
PELAKSANAAN KONTRAK KERJA PEMBANGUNAN RUMAH PADA PT. RIAU KARYA MANDIRI DI PEKANBARU Theola Ramadhani; Maryati Bachtiar; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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PT. Riau Karya Mandiri is a company engaged in property, especially housing, in the construction of houses the developer entered into an agreement with laborers, contractors, and foremen, where the employment clause is contained in a written agreement or employment contract. The purpose of this thesis is; First, to find out the implementation of a work contract between the developer of PT. Riau Karya Mandiri with the construction foreman carried out in the Prima Raya Lestari housing complex; Second, to find out what factors caused the default construction foreman in implementing the work contract for the construction of houses with the developer; Third, to find out the settlement of the defaults carried out by the foreman against the developer related to the implementation of the housing construction agreement in Prima Raya Lestari housing.This type of research is classified in the type of research Sociological law, namely research on the effectiveness of the law that is currently in effect, the nature of this research is descriptive, that is to describe systematically, the facts and characteristics of the object under study appropriately. The study was conducted in one of the housing estates of PT. Riau Karya Mandiri is Prima Raya Lestari housing, while the population and sample used are directors and developers of PT. Riau Karya Mandiri and the construction foreman related to the work contract for housing construction. Source of data used are primary data and secondary data, data collection techniques used are interviews.According to the results of the research problem there are 3 main things that can be concluded namely first, the implementation of the employment contract agreement at PT. Riau Karya Mandiri in Prima Raya Lestari housing which has not run according to the agreement clauses. Second, the main factors causing the default of the construction foreman in the implementation of the agreement are because of the absence of the foreman, replacement of the foreman and ineffectiveness of the work of the foreman and members in building houses. Third, the settlement of defaults carried out by the foreman against the developer that is resolved through mediation by the elect or trust of the parties with the results of mediation; The developer adds to the work of the foreman with new house construction work so that the wages of the foreman remain given and work on the previous house continues to run. Keywords: Employment Agreement, Developer, Construction Foreman
PENYELESAIAN PERKARA TINDAK PIDANA PENCURIAN BUAH KOPI BERDASARKAN HUKUM ADAT BATAK KARO DI KECAMATAN BERASTAGI KABUPATEN KARO Andika Bukit; Dessy Artina; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Petty theft or theft of small value that is now being tried in court is enough to attract the attention of the public. The general public considers that it is very unfair. For resolution, the community recognizes the enactment of the law nationally and also grows and develops a legal system that is based on habits that exist within the community. One area that still applies customary law as a rule that is obeyed by the community is the Karo Batak Custom. The purpose of writing this thesis, namely: First, to find out the settlement of cases of theft of coffee fruit Karo Batak customary law in the District of Berastagi Karo Regency. Second, to find out the obstacles in the implementation of the case of the theft of coffee fruit legally in the Batak Karo customary law in Berastagi District, Karo District. Third, to find out the legal consequences in the settlement of coffee theft cases legally in the Batak Karo adat law in Berastagi District, Karo District.This type of research can be classified as a type of sociological legal research, because in this study the author directly conducts research at the location or places under study to provide a complete and clear picture of the problem under study. This research was carried out in the Singa Village, Berastagi District, Karo District, while the population and sample were all sections related to this research, the data sources used were primary data, secondary data, and tertiary data, data collection techniques, namely interviews and studies literature.From the results of the research and discussion it can be concluded that, First, the process of settling cases of the theft of coffee fruit based on the customary law of the Batak Karo in Gurusinga Village consensus. Secondly, Barriers and efforts in resolving legal problems in the Batak Karo traditional law Lack of attention from the Regional Government and the many social influences or modernization. Third, the consequences of traditional law given in the settlement of cases of the theft of coffee fruit based on the Batak Karo customary law in Gurusinga Village, Berastagi District, Karo District, traditional legal responsibility by Rakut Sitelu / Daliken Sitelu as law enforcers and decided by Pengulu Kesain / Raja Urung with the put forward Runggu in Karo language (deliberation).Keywords: Settlement-Theft-Customary Law
PERTANGGUNG JAWABAN PIDANA PEJABAT ADMINISTRASI NEGARA YANG TIDAK MEMPEROLEH KEUNTUNGAN DALAM TERJADINYA TINDAK PIDANA KORUPSI (Studi Kasus No.12/Pid.sus-TPK/2018/PN.PGP) Arief Budiman; Evi Deliana; Mukhlis R
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The rampant criminal acts of corruption in Indonesia are not only detrimental to Statefinances, but have been a violation of the social and economic rights of the community at large. corruptionis no longer a national problem, but has become a transnational phenomenon so that internationalcooperation becomes essential in preventing and eradicating it. unusual efforts are needed, butextraordinary efforts in the handling and eradication of criminal acts of corruption. One of the efforts thatcan avoid the deterioration of Indonesia due to corruption is to make efforts to seize and return to assetsresulting from criminal acts of corruption that are based on legislation in force in the Indonesian positivelegal system. However, many state administration officials were caught in corruption cases because theymisused the authorities that were in them. The limits of this authority should be more clearly formulated, sothat what kind of authority can be said to violate the authority in Administrative Law, and violation ofauthority as what is said to be a violation of the Corruption Crime authority. Based on this exaggeration,the author identifies two formulations of the problem, First What is the criminal responsibility of stateAdministration officials who do not benefit from the occurrence of criminal acts of corruption. Second, howis the judge's judgment in deciding the case of corruption.This type of research can be classified in normative juridical research, because this research isconducted by examining secondary data and approaches to law, this normative research examines theprinciples of legal principles of law. The data sources used are, primary data, secondary data, tertiary data,data collection techniques in this study are normative juridical, the data used is library research.Based on the results of the research and the problems in this study is the criminal responsibility forcases of corruption in the distribution of rotating funds LPDB-KUMKM which was decided by the panel ofjudges against the defendant in favor of the maharta in accordance with Article 3 of Law no. 31 of 1999concerning Corruption Crime jo Law no. 20 of 2001 concerning Amendments to Law Number 31 of 1999concerning Eradication of Corruption Crime, namely the existence of an element of abuse of authority fromthe perpetrators, in addition to the absence of forgiving reasons as justification. As for the judges'consideration in imposing criminal sanctions on perpetrators due to legal factors, the loss of state finances,to which the defendant committed corruption and the elements contained in the indictment of the publicprosecutor.Keywords: Corruption, Criminal Accountability
PERLINDUNGAN KONSUMEN TERHADAP PENYANDANG TUNA NETRA SEBAGAI PENGGUNA JASA PERBANKAN DI KOTA PEKANBARU (STUDI DI BANK RAKYAT INDONESIA UNIT BUKIT BARISAN) Sri Yani Yolanda; Firdaus Firdaus; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Business actors in public services in the field of banking services, theBank Rakyat Indonesia (BRI) Unit Bukit Barisan Kota Pekanbaru in its servicehas the responsibility for the obligation to guarantee the rights of consumers orcustomers who use the BRI Bukit Barisan Unit in Pekanbaru. Bearing in mindthat Persons with Blindness are consumers who are vulnerable groups of people,then protection should be given more with regard to its specificity, namely in LawNumber 8 of 2016 concerning Persons with Disabilities. In its implementation, theBRI Bukit Barisan Unit in the City of Pekanbaru should carry out its obligationsin fulfilling consumer rights as stated in Law Number 8 of 1999 concerningConsumer Protection. But in reality there have been social inequalities betweenthe BRI Bukit Barisan Unit in the City of Pekanbaru and customers withDisabilities. BRI's Bukit Barisan Unit in Pekanbaru City does not provide specialfacilities and conveniences for the Blind Person as regulated. The problems andobjectives that will be discussed in this paper are to find out how consumerprotection against the person with blindness as a user of banking services in thecity of Pekanbaru (Study at the Bukit Barisan Unit of the People's BankIndonesia).This type of research is sociological. This research was conducted at theBRI Bukit Barisan Unit in Pekanbaru City, while the population and sampleswere all parties related to the problems examined in this study, data sources used,primary data, secondary data and tertiary data, data collection techniques in thisstudy with interviews, questionnaires and literature studies.The results of the study can be concluded that the BRI Bukit BarisanUnit in the City of Pekanbaru has not fully implemented the rights of blind clients.Special facilities intended for blind clients are not yet available at the BukitBarisan BRI Unit in Pekanbaru City. This causes blind clients to feel that theirrights as consumers are not fulfilled by the BRI Bukit Barisan Unit in PekanbaruCity. Suggestions for BRI Bukit Barisan Unit in Pekanbaru City to furtherimprove services for all customers, especially those with blindness.Keywords: Consumer Protection - Consumers - People with Blindness - BRIBukit Barisan Unit, Pekanbaru City
IMPLEMENTASI PEMIDANAAN TERHADAP KORPORASI DALAM TINDAK PIDANA KORUPSI DI INDONESIA Melia Wulandari; Hayatul Ismi; Davit Rahmadan
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Indonesia as a country that adheres to the Continental European legal system, which is a legal system inherited from the Netherlands, has also implemented corporal punishment. However, even though Indonesia has embraced corporal punishment, until now there are still few corporations that are made as suspects or defendants in the process of law enforcement against corporations, especially in criminal acts of corruption.The purpose of this thesis, namely: first, To Know the Implementation of Corruption Against Corporations in Corruption in Indonesia. Second, To Know the Obstacles in the Implementation of Penalties Against Corporations in Corruption in Indonesia. This type of research is classified into a type of normative research. With the technique of collecting legal material sources in research carried out by identifying and inventorying primary legal materials, and collecting secondary, tertiary materials obtained through literature, which also ruled the cases sampled.From the results of the study, the reluctance of law enforcers to indict defendants as individuals and not corporations in criminal acts of corruption; because the punishment that the court will bring against the corporation may not be a death penalty or a prison sentence, even though this criminal sanction with sharp sanctions is expected to have a deterrent effect on the perpetrators and satisfy the sense of justice of the people who want the perpetrators to be imprisoned. Second, in proving to prove the "mistake" of the corporation in terms of the element of "against the law", law enforcers find it difficult to obtain theories or doctrines and legal basis regarding "mistakes" of corporations which have turned out to be conflicting among criminal law experts. It is different from theories or doctrines and the legal basis of the "mistakes" of individuals who in general criminal experts agree that only people can have the element of "error". The error of law enforcers proves that acts as an individual error in corporate criminal acts will result in the defendant in some of the above cases being broken free (vrijspraak) by the courtKeywords: Corruption - Corporations – Corruption
PENEGAKAN HUKUM TERHADAP ORANG TUA YANG MELAKUKANPEMBUANGAN BAYI DI WILAYAH HUKUM KEPOLISIAN SEKTOR RETEH INDRAGIRI HILIR RIAU Nurhasidah Nurhasidah; Emilda Firdaus; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Speech dumping is a crime that is increasingly prevalent, because it is a criminal offense fromthe influence of advances in science and technology that are not supported by the readiness of thecommunity to filter out any progress, consequently they are affected to do things that are not inaccordance with norms customs that apply to the community, so that the perpetrators can throw the babybecause they feel that the baby is not desirable, of course this needs to be addressed explicitly by thepolice as part of law enforcement that gives protection to the community to reveal the perpetrators ofcrime of the disposal of security and comfort for the community.In this thesis research the author uses sociological legal research. The location of the researchwas carried out in the legal area of the reteh sector. Data sources are supported by primary datasources, secondary. While data collection techniques are interviews and data studies using deductivemethods, namely analyzing general problems and then drawn to conclusions specifically based onexisting theories.From the results of the study it can be concluded that law enforcement for parents who disposeof babies in the legal area of the Reteh Sector Police is still not good because it is not processed inaccordance with applicable law by police officers in the jurisdiction of the Reteh Police Sector. Theinhibiting factor is the occurrence of criminal acts of baby disposal, namely internal factors and externalfactors that are interrelated in supporting the occurrence of criminal acts of baby disposal.Keywords: Law Enforcement - Disposal of infants – Reteh Indragiri Hilir – Riau

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