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Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum
Published by Universitas Riau
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 258 Documents
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Search results for , issue "Vol 6, No 2 (2019): Juli - Desember 2019" : 258 Documents clear
PELAKSANAAN PENDIDIKAN POLITIK BAGI MASYARAKAT OLEH PARTAI POLITIK KOTA PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 2 TAHUN 2011 TENTANG PARTAI POLITIK Yolanda Melisa; Emilda Firdaus; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Abstract

Law of the Republic of Indonesia Number 2 of 2011 concerning Political Parties regulates the implementation of political education that must be carried out continuously by political parties. But in fact, the level of voter participation in the city of Pekanbaru is very low and the function of political parties is only carried out by members who wish to become legislative candidates or executive candidates in general elections. Based on this problem, the identification of problems in this thesis are: first, how is the implementation of political education for the community by political parties? Second, what are the obstacles and efforts in carrying out political education for the people by political parties?This research is a sociological and descriptive legal research. This research is located in the Regional Representative Office of the Functional Party in Pekanbaru, the Prosperous Justice Party Regional Representative Office in Pekanbaru, the Office of the Indonesian Democratic Party of Struggle's Branch Office in Pekanbaru, the Office of the Greater Indonesian Party Movement Branch Office in Pekanbaru, and the Office of the Leadership Council Branch of the People's Democratic Party in Pekanbaru. The data used consists of primary data and secondary data. Technical data were collected by field studies (interviews and questions and literature studies). Then analyzed qualitatively and make conclusions with deductive thinking methods.Based on this research, as a result we know that political parties do not have specific rules in carrying out political education and political parties have not been effective in carrying out their functions as organizers of political education. There are many challenges such as lack of public participation and the emergence of negative thoughts towards the party. The effort made is to build good relations with NGOs and educate the public mind.Key Word : Political Education – Community – Political Party
PENCEGAHAN PEREDARAN NARKOTIKA DI LEMBAGA PEMASYARAKATAN KELAS II B BANGKINANG OLEH APARAT LEMBAGA PEMASYARAKATAN Ardian Syahputra; Erdianto Effendi; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The misuse and illicit trafficking of narcotics in Indonesia has spread throughout the country andhas been spread in various living environments, both the educational environment, the work environment,and the residential environment, and the law enforcement environment. One law enforcement agency that isalso not free from drug abuse and illicit trafficking is a penitentiary. Correctional Institution is a place tocarry out the formation of prisoners and correctional students based on the penal system. As a regulationfor the implementation of the Penal Act, a Minister of Law and Human Rights Regulation No. 6/2013 wasissued concerning the Standing Orders of State Correctional Institutions and Detention Centers Article 4letter (g) The Ministerial Regulation prohibits every prisoner or detainee from storing, making, carrying,distributing, and / or consuming narcotics and / or narcotics precursors and other dangerous drugs. Thepurpose of writing this thesis, namely: First, to determine the efforts of prison officials in preventingNarcotics circulation in Class II B correctional facilities in Bangkinang. Second, to find out the obstacles ofcorrectional institutions in preventing Narcotics circulation in Class II B correctional facilities inBangkinang.This type of research can be classified as a type of sociological legal research, because in thisstudy the authors directly conduct research on the location or places that are studied to provide a completeand clear picture of the problem under study. This research was conducted at Class II B Penitentiary inBangkinang, while the population and sample were all sections related to this study, data sources usedwere, among others, primary data, secondary data, and tertiary data, data collection techniques namelyinterview and study literature.From the results of research and discussion it can be concluded that, First, the efforts ofcorrectional institutions in preventing Narcotics circulation in prison are to maximize searches by carryingout luggage checks and data collection conducted on visitors and taking action for all people enteringPenitentiary Class II B Bangkinang without exception. . Secondly, the inhibiting factor of the efforts ofprison officials in preventing Narcotics circulation in Bangkinang Class II B Penitentiary is inadequatefacilities and infrastructure, lack of female prison wardens, lack of prison staff knowledge about narcotics.Keywords: Circulation - Narcotics – Penitentiary
TANGGUNG JAWAB APOTEKER TERHADAP KESALAHAN ASISTEN APOTEKER DI LUAR JAM PRAKTEK APOTEKER DI RUMAH SAKIT PERTAMINA DUMAI Sovia Oktarima; Evi Deliana; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Health development is regulated based on the principles of humanity, balance and benefits based on Government Regulations. The Health Act Number 36 of 2009 concerning Health which states a healthy state, both mentally, socially and mentally, as well as socially that enables a person to obtain a productive and economically social life. The parties participating in health improvement consist of Doctors, Pharmacists, Nurses, and Midwives. Referring to the transfer of pharmaceutical services which are replaced by Indonesian Government Regulation Number 51 of 2009 concerning Pharmaceutical Work, asking Pharmacists for services to educate patients about how to use drugs and allow the use of drugs, assist patients in choosing drugs that can be used without a doctor's prescription, and answer questions patients about the drugs they use. The purpose of this thesis is to first know the pharmacist's responsibility for the errors of the Pharmacist Assistant outside his practice hours, secondly to find out what the patient can do with the mistakes of the Pharmacist Assistant. This type of research is sociological juridical legal research because this study immediately conducted direct observations to the location of research conducted at Pertamina Dumai Hospital, from the results of research that could draw conclusions: first, questions that were questioned by Pharmacists on the delegation of assistance to Pharmacists and Pharmacists as guarantor Pharmacy answer is based on Article 14 of the Government Regulation of the Republic of Indonesia Number 51 of 2009 concerning Pharmaceutical Work, where pharmacists directly bring patients to be hospitalized at the ER then patients get a checkup and treatment until total care, Pharmacists get a warning from the hospital, with SP 1, responsibility requested as a form or action taken by pharmacists managing pharmacies. Second, related to the legal efforts that can be made by patients on the mistakes of pharmacist assistants in this conflict patients try non-litigation pathways, through negotiation channels, negotiations are not only trying to resolve conflicts, but also to repair existing conflicts. Keywords : Responsibility, Remedies, Mistakes, Negotiation
PENYELESAIAAN PERKARA PIDANA MELALUI MEDIASI PENAL TERHADAP TINDAK PIDANA PENGANIAYAAN PADA MASYARAKAT ADAT DESA KUBU BALING-BALING KECAMATAN TAMBUSAI KABUPATEN ROKAN HULU Al Qudri; Evi Deliana; Ferawati Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Penal mediation is the settlement of cases outside the court, in Indonesia the settlement of cases outside the court or Alternative Dispute Resolution (ADR) is only known in the civil sphere, whereas for the criminal sphere the settlement is reached by proceeding through the court. The practice of settling criminal cases outside the cour,t so far has no formal legal basis, so there is often an informal case where there has been a peaceful settlement even though through the mechanism of traditional law, it is still processed in court according to national law.This type of research can be classified in the type of sociological (empirical) legal research, because in this study the authors directly conduct research at the location or place of study in order to provide a complete and clear picture of the problem under study. This research was conducted in the Central Tambusai region, Tambusai District, Rokan Hulu Regency. While the population and sample are Datuk Luhak Tambusai Customary Institution, Ninik Mamak Density of Luhak Tambusai Adat, Chief of Tambusai Luhak Sector Police and Perpetrators and Victims of Abuse in Luhak Tambusai Village.The conclusions that can be obtained from the results of the study are: First, the completion of criminal cases through Penal Mediation against criminal acts of persecution in the indigenous community of Kubu Baling Baling Village, Tambusai District, Rokan Hulu Regency, has not been implemented well. This is proven that, the perpetrators are still not fully with mamak ninik. The parties are still inclined to take the case to the litigation channel. The parties should be able to appreciate the existence of ninik mamak in settling criminal cases through Penal Mediation for criminal acts of persecution in the Kubu Baling Baling Indigenous Village community. The people around still don't realize the existence of customary law as an alternative in resolving cases that occur in the community. Second, the efforts to resolve criminal cases through mediation of penalties in order to reduce the occurrence of criminal acts of persecution in the indigenous communities of Kubu Baling Desa Tambusai District, Rokan Hulu Regency, among others, strengthening and empowering the role of ninik mamak, increasing cooperation with law enforcement officials, and empowering institutions custom.Keywords: Settlement, Criminal Case, Penal Mediation, Indigenous Peoples
KEDUDUKAN KREDITOR PREFEREN DALAM KEPAILITAN SETELAH PUTUSAN MAHKAMAH KONSTITUSI NOMOR 67/PUU-XI/2013 DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG Samuel Aprianto; Hayatul Ismi; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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In bankruptcy accordance with Article 55 paragraph (1) of Law no. 37/2004 on Bankruptcy and Postponement of Paying off Debt, states that creditors holding material security or commonly called separatist creditors can execute their rights as if bankruptcy did not occur, which means they have separate rights and a higher position than creditors who don’t hold rights material in the distribution of bankrupt assets, especially preferred creditors whose assets are part of bankrupt assets. The results of the study stated that after the Constitutional Court Decision No. 67 / PUU-XI / 2013 which interprets Article 95 of the Manpower Law, the position of separatist creditors who used to be higher than the position of laborers' wages, now below the Wages of Laborers who are preferred creditors. Based on the provisions of Article 1134, it is valid for special creditors who do not hold the right of guarantee to take precedence as long as it is regulated by law to prioritize their payments from creditors holding material security rights holders, because they have a valid reason for prior payment. But the implication of the adoption of the Constitutional Court Decision Number 67 / PUU-XI / 2013 is the reduction of the Security Rights of the separatist creditor as the holder of the right to the object guaranteed to give priority to payment (droit de de preferece) than other creditors (Article 1150 of the Civil Code), and cause legal uncertainty regarding the position of preferred creditors and separatist creditors because the material security asset is not part of the bankrupt assets.Keywords: Secured Creditor-Wages Of Laborers
PENERAPAN REHABILITASI TERHADAP PENYALAHGUNA NARKOTIKA BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA DI KABUPATEN SIAK Muhammad Ragel; Erdianto Effendi; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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According to Article 54 of Law Number 35 Year 2009 concerning Narcotics, narcotics addicts and narcotics abusers must undergo rehabilitation. But in the application in Siak Regency, rehabilitation is only an expectation of narcotics addicts and users to get treatment and treatment. The purpose of writing this thesis are: First, the application of rehabilitation of narcotics abusers in Siak Regency, Second, the obstacles experienced by law enforcement officials in the application of rehabilitation of narcotics abusers in Siak Regency.This type of research can be classified in the type of empirical juridical research or sociological research, because in this study the authors directly carry out research at the location under study in order to provide a complete and clear picture of the problem under study. This research was conducted in Siak District, namely in the Siak District Court, Siak Resort Police, and Pekanbaru Class IIA Penitentiary, while the population and sample were all related to the problem under study, the data source used primary data, secondary data and tertiary data , data collection techniques in this study with interview observations and literature studies.From the results of the research problem there are two main things that can be concluded. First, the implementation of rehabilitation of narcotics abusers in Siak Regency has never been implemented by law enforcement officials and the government. Second, the obstacles faced by law enforcers in implementing rehabilitation of narcotics abusers in Siak Regency namely, the absence of the District Narcotics Agency and the Integrated Assessment Team, lack of knowledge of law enforcement officials, lack of rehabilitation institutions, budgets. The author's suggestion is that the Government needs to provide assistance for the implementation of this rehabilitation in Siak Regency, then the quality and quantity of law enforcement officials need to be developed, and the need for special attention from the Government and law enforcement officials.Keywords: Implementation, Rehabilitation, Narcotics Abuser
PENEGAKAN HUKUM TERHADAP PENGEDAR SEDIAAN FARMASI YANG TIDAK MEMILIKI IZIN BERDASARKAN UNDANG-UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN DI BALAI BESAR PENGAWAS OBAT DAN MAKANAN KOTA PEKANBARU Muhammad Aziz Fikri; Emilda Firdaus; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Until now there are still many people who are victims of buying drugs at drug stores that do not havebusiness licenses and their drugs are illegal. The free circulation of illegal drugs has attracted manyconsumers. On the other hand actually there must be supervision by the government, this supervision isintended so that the licensing process functions preventively and will not harm consumers. The main causeof the distribution of pharmaceutical preparations without marketing authorization is due to the fact thatprices are far cheaper than pharmaceutical preparations that have obtained distribution permits.The type of legal research is juridically sociology, where in this research, it is carried out directly tothe field to collect primary data, and use descriptive methods. Whereas if seen from the nature of thisresearch is descriptive. This study uses secondary data, namely data that has been prepared.The results of this study are law enforcement for distributors of pharmaceutical preparations that donot have permits under Law No. 36 of 2009 concerning Health at the Central Bureau of Drug and FoodControl of the City of Pekanbaru, which have not been able to run optimally. This is because the distributorof pharmaceutical preparations who do not have permits are only given verbal reprimand and confiscationof evidence of pharmaceutical preparations that do not have permits. Barriers to law enforcement againstdistributors of pharmaceutical preparations that do not have permits are a lack of understanding ofcommunity law regarding the dangers and sanctions for circulation of suppliespharmacies that do not havepermits, economic factors that cause people to prefer pharmaceutical preparations that do not have permitsbecause of the more affordable prices and to seek large profits by the agents (dealers), and factors ofsociety's mindset that are influenced by the environmentaround to take every opportunity created inobtaining profits that spur the actions of distributors of pharmaceutical preparations that do not havepermits. Efforts to overcome obstacles in law enforcement dealers of pharmaceutical preparations that donot have permits are: a) optimization of socialization activities regarding the list of types ofpreparationspharmacies that do not have permits are also dangers regarding the use of pharmaceuticalpreparations that do not have permits and sanctions to be received by distributors of pharmaceuticalpreparations that do not have permits, b) optimization of BPOM cooperation with other authorized lawenforcement officers such as partiesthe police and c) carry out continuous supervision and reach the remoteparts of an area.Keywords: Law Enforcement, Pharmaceutical Supply Dealers, No License
ANALISIS YURIDIS KEKUATAN P EMBUKTIAN KETERANGAN SAKSI TESTIMONIUM DE AUDITU PASCA LAHIRNYA PUTUSAN MAHKAMAH KONSTITUSI NOMOR : 65/PUU-VIII/2010 Namira Delima; Emilda Firdaus; Erdiansyah Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Decision of the Constitutional Court No. 65 / PUU-VIII / 2010concerning Testing of Law Number 8 of 1981 concerning Criminal ProcedureLaw, provides an extension of the understanding of witnesses stipulated in article1 points 26 and 27 of the Criminal Procedure Code. The Constitutional Court asone of the judicial power institutions whose decisions are final and binding, canbe one of the sources of criminal procedural law in Indonesia. But in practicethere are still many judges who do not follow the Constitutional Court Decisionas one of the instruments of evidence of legitimate witnesses in court. The purposeof writing this thesis is, first: To find out the strength of the testimony of thetestimonium de auditu's testimony after the birth of the Constitutional CourtDecision Number: 65 / PUU-VIII / 2010. Second: To find out the implications ofthe Constitutional Court Decision Number: 65 / PUU-VIII / 2010 on thetestimonies of witnesses of the testimonium de auditu in the decision of thecriminal court.This type of research is normative juridical research, namely researchcarried out by examining literature with secondary data sources consisting ofprimary legal material in the form of legislation, secondary legal material legalbooks, and tertiary legal materials in the form of dictionaries. Then the data areanalyzed qualitatively, namely analyzing data descriptively obtained fromsecondary data.From the results of the study it can be concluded that, first, the strengthof the testimony of the testimonium de auditu's testimony after the birth of theConstitutional Court Decision Number: 65 / PUU-VIII / 2010 is that testimony oftestimonium de auditu can be used as a valid evidence in a trial at a criminalcourt case . second, the implication of the Constitutional Court Decision Number:65 / PUU-VIII / 2010 on the testimony of the witness of the testimonium de auditin the verdict of the criminal court is to make the Constitutional Court DecisionNumber: 65 / PUU-VIII / 2010 need to be followed and considered in every courtdecision.Keywords: Evidence Tools - Witness Information - Testimonium De Auditu -Decision of the Constitutional Court
PELAKSANAAN PERJANJIAN PAKET PEKERJAAN KONSULTANSI ANTARA SATUAN KERJA NON VERTIKAL TERTENTU PERENCANAAN DAN PENGAWASAN JALAN NASIONALPROVINSI JAMBI DENGAN PT. ARTERI CIPTA RENCANA JO PT. RAISSA GEMILANG Fitri Aulia Simatupang; Maryati Bachtiar; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Article 1320 of the Civil Code regarding the terms of the agreement, in which the cooperation agreement occurs between the parties. The agreement between the two parties about the importance of the rights and interests of each party involved in the agreement. The agreement applies as binding on the parties that replace it with the requirements in Article 1338 of the Civil Code. The problems examined in this study, namely the implementation of the agreement of supervision of the Jambi Province between the Directorate General of Highways and PT. Arteri Cipta Rencana with what was caused by one party to default on the other party. This writing uses sociological research methods that support the provision of opinions, explain and question about those who support. This type of research is classified as observational research conducted by survey, namely research directly to the research location using data collection tools in the form of interviews, whereas when viewed from its nature, this writing is descriptive analysis, which means the research is intended to provide an overview detailed, clear and systematic about the main problems of research. Soerjono Soekanto and Sri Mamudji suggested that descriptive research is a study that intends to provide as detailed data as possible about humans, circumstances or other symptoms, with a view to reinforcing hypotheses, to reinforce a theory or formulate new theories. Based on the results of the study it can be concluded that the rights and obligations in the Consultation Work Package Agreement between the Specific Non Vertical Work Unit Planning and Supervision of the Jambi Provincial National Road and PT. Arteri Cipta Rencana Jo PT. Raissa Gemilang said that the rights and obligations of the parties are equally binding, in other words they carry out the rights and obligations contained in a contract. Sanctions given to both parties in this case PT. Arteri Cipta Rencana Jo PT. Raissa Gemilang and the Implementing Contractor due to not implementing the Agreement stated that the sanctions provided were in the form of written warning, so that PT. Arteri Cipta Rencana Jo PT. Raissa Gemilang can be wise in supervising the implementing contractor, while sanctions for the executing contractor that the disbursement of funds of 5% is held by the Particular Non Vertical Work Unit for Planning and Supervision of the Jambi Provincial National Road, before completing its work properly and correctly and can be accounted for. Keywords: Cooperation Agreement, Road Supervision
Tinjauan Yuridis Terhadap Tindak Pidana Pembakaran Hutan dan Lahan Oleh Korporasi Dikaitkan dengan Prinsip Strict Liability (Studi Putusan Pengadilan Negeri Tanjung Jabung Timur Nomor : 36/Pid.Sus-LH/2016/PN.Tjt dan Pengadilan Negeri Rokan Hilir Nomor : 393/Pid.Sus-LH/2016/PN.Rhl Rinta Meinika; Erdianto Effendi; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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The principle of strict liability is a principle used to impose absolute responsibility on corporationsthat commit crimes under the category of violations. But in practice, it is rare to find cases that imposecriminal liability on corporations because law enforcers have difficulty finding valid evidence.The main problems examined are the criminal acts of forest and land burning by corporationscontained in the decision of the District Court Number: 36 / Pid.Sus-LH / 2016 / PN.Tjt and the decision ofthe District Court Number: 393 / Pid.Sus-LH / 2016 /PN.Rhl.This type of research is a normative legal research comparative type of law. The data sources usedin this study are primary data, secondary data and tertiary data, namely library materials that includeofficial documents, library books, legislation, and other documents relating to research issues.In this study it can be concluded that in the decision Number: 36 / Pid.Sus-LH / 2016 / PN.Tjt thedefendant was declared not proven guilty even though the facts presented in the trial showed that thedefendant committed negligence and had a negative impact on the environment and society. While on theverdict Number: 393 / Pid.Sus-LH / 2016 / PN.Rhl was found guilty and sentenced to a fine of Rp.1,000,000,000 (one billion rupiah) for negligence and negative impact on the environment and society.Authors' advice, firstly, for law enforcement officials in upholding the applicable law does not look at thestatus and level of difficulty in gathering valid evidence, especially in the case of forest and land burning bycorporations, because as is known the principle of strict liability can be used as a guideline for holdingcorporations accountable without requiring an element of proof. Second, for corporate management, inconducting business, especially in the fields related to the environment, they must comply with applicablelegal provisions and should be able to protect the surrounding environment so that no damage to theecosystem and the environment in any form. Third, for the community, it should foster self-awareness thatthe environment in general and the state of the forest in particular must be protected and protected in orderto avoid environmental damage.Keywords: Forest and Land Burning - Corporate Liability - Strict Liability

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