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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 106 Documents
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Search results for , issue "Vol 7, No 1 (2020): Januari - Juni 2020" : 106 Documents clear
PELELANGAN OBJEK PERJANJIAN GADAI EMAS ANTARA NASABAH DENGAN BANK BRI SYARIAH CABANG PEKANBARU Rahmanila, Rahmanila; Bachtiar, Maryati; Dasrol, Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Gold Pawn is one of the BRI Syariah Syariah products which is included in thecategory of financing based on al-qardh (giving), the funds must be returned by the customerto the bank at the same time or in installments up to the due date and implemented byapplying the prudent bankking principle ) as well as the principle of getting to knowcustomers (know customers). In practice, in the procedure for settlement of collateral itemsdue at BRI Syariah Bank, contact the Customers whose loan maturity is due, the 4th day afterthe maturity of the loan. Purpose Writing this thesis, namely: First, to find out the procedurefor auctioning the object of the gold pawning agreement between customers and BRI SyariahBank Pekanbaru Branch. Second, to find out the legal protection of customers auctioning theobject of the gold pawning agreement at BRI Syariah Bank Pekanbaru Branch.This type of research can be classified as a type of sociological legal research,because in this study the authors directly conduct research on the location or places that arestudied to provide a complete and clear picture of the problem under study. This researchwas conducted at BRI Syariah Bank Pekanbaru Branch, while the population and samplewere all sections related to this research, the data sources used were primary data,secondary data and tertiary data, data collection techniques, namely interviews andliterature studies.From the results of research and discussion it can be concluded that, in the goldauction procedure at PT. BRI Syariah Bank Pekanbaru Branch has not used Minister ofFinance Regulation No. 93 /PMK.06/2010 concerning Bidding Implementation Guidelines.The bank still uses the guidelines for conducting auctions made by the directors of PT. BankBRI Syariah Pusat. Which in Article 2 of the PMK 2010 states that: Every auction must becarried out by and / or in front of the Auction Officer. The legal protection of customers asconsumers is listed in the Civil Code in Article 1155 which states that collateral itemsauctioned will be auctioned before the public and in accordance with applicable regulationsso as not to cause harm to customers.Keywords: Auction of Gold Pawn Agreement Objects at BRI Syariah Bank.
TINJAUAN YURIDIS PEMBERIAN REMISI TERHADAP NARAPIDANA TINDAK PIDANA PENCUCIAN UANG DIKAITKAN DENGAN TUJUAN PEMIDANAAN Oktaviani, Dwi Putri; Rahmadan, Davit; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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The law of its essence is human interest, which is a guideline on how it is fitting for people to do. The negotiation law consists of norms containing negotiations and prohibitions (by the legislators) that have been approved by one of the negotiations which includes negotiations, i.e. negotiations that are specifically related. Punishment is derived from the word legal basis, it can be interpreted as the law for deciding on the law (berechten). Violators of the law are no longer called criminals, are returned as people who are lost, who are fostered in correctional institutions that are issued and are free from their apostasy. Correctional institutions must create a place that commits a crime, repent and good again, because this is a correctional institution in fostering prison residents. Correctional citizens are essentially the same as the community and Indonesian citizens in general who have rights that must be supported. One of the rights that must be protected is the right to remission. Article 14 paragraph (1) letter i of Law Number 12 of 1995 concerning Correctional Facilities which defines one of the prisoners' rights is to obtain a future result (remission). Scientific writing is aimed at: first, to find out how the provisions for granting remissions to convicted money laundering criminals if related to criminal purposes. Second, the ideal provision of remission for convicted money laundering criminals. This type of research used in this study is normative legal research or can be referred to as doctrinal law research. 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. In this normative legal research the writer conducts a research on the level of synchronization of the law, by examining the legislation vertically to reveal the reality, to what extent certain laws are harmonious and the scope is different legislation, which regulates the sphere of life certain (same). From the results of this study it can be concluded that the granting of remission is the right of every fostered citizen in the correctional institution which is the right of every prisoner who has fulfilled the provisions as regulated in the applicable laws and regulations so as to be able to motivate every prisoner serving sentence at the correctional facility.Keywords: Remission, Asset Return, Criminal Purpose
PELAKSANAAN KEGIATAN MENGHIMPUN DANA OLEH UNIT SIMPAN PINJAM SWAMITRA KOPERASI SAIL JAYA TERHADAP CALON ANGGOTA KOPERASI Sipayung, Dina Faurine Br.; Firdaus, Firdaus; Dasrol, Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Cooperatives are built to create businesses and services in creating family principles, cooperative businesses are businesses that are compatible with economic democracy, because in economic democracy there are elements of cooperative business. However, a number of cooperatives were indentified as practicing raising funds or receiving savings from the winder community. Savings and Loans Cooperatives specifically in their business activities receive savings (rasing funds) and channeling them, originating from and for their members or other cooperatives and/or their members. The cooperative uses the presence of prospective members who save their moner in the cooperative. By registering propective members as stipulated in applicable regulations. The purpose of this thesis is : first, to find out the implementation of fundraising activities for prospective cooperative members by the Sail Jaya Cooperative Swamitra Savings and Loan Unit. Second, the understanding of prospective members about cooperatives and businesses as well as the rights and obligations of prospective members. Third, to find out the responsibilities of the Sail Jaya Cooperative Swamitra Savings and Loans Unit for raising funds for prospective cooperative membersThis thesis research method uses the type of sociological legal research, research conducted by carrying out legal identification and how the effectiveness of the law applies in society. This research is descriptive. Source of data used are primary data and secondary data, which consists of primary legal materials, secondary legal materials, and tertiary legal materials, data collection techniques in this study by interview method, and literature review, after the data collected is then analyzed of conclusions.From the results of the research and discussion it can be concluded first that, the implementation of fundraising activities of prospective cooperative members by the Sail Jaya Cooperative Swamitra Savings and Loan Unit did not work as it should or did not comply with applicable regulations So that the need for legal responsibility given by the cooperative so that prospective members get legal certainty and get their rights and there is a strict action from the government of the City of Pekanbaru Cooperative Service.Keywords: raise funds – Prospective Member – Savings and Loan (USP) - Cooperatives
PENEGAKAN HUKUM TERHADAP PEMILIK BILLIARD YANG MENJADI LOKASI PERJUDIAN DI KABUPATEN TAPANULI UTARA MANALU, KRISTINA; Effendi, Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Gambling crimes are often found in various community environments Tapanuli Utara District. The essence ic contrary to religion, morality and morality of Pancasil and dangerous society, nation and state and in terms of national intersts. The type of gambling that is widely trated in Tapanuli Utara Regency is the of Billiards. That Billiard activities is a very profitable business activities. The author intends to discuss the arrest of pool owners are not optimal. The purpose of this study wa study law enforcement carried out by law enforces against the hall of billiards in Tapanuli Utara District and violations in the enforcement and eradication of types of hall of billiards crime in Tapanuli Utara District. The research was conducted in North Sumatera Tapanuli Utara District, which conducted research on the Tapanuli Utara Resort Police, and community Tapanuli Utara District. The technique used in collecting data is obersevation, interview and literature study.From the research is conclusive that the law enforcement enforcement of billiards gambling crimes against the Tapanuli Utara District law enforcement agents are yet to be fully maximally, and there has not been a specific effort from law enforcement officials to provide the billiards gambling. In law enforcement by the Tapanuli Utara Resort Police are still focused on the existence of reports directly from the public. And the obstacles in the enforcement and eradication of criminal acts of gambling in the North Sumatera Tapanuli of two factors, namely internal factors and external factors. Internal factors are the inhibiting factors that come from within the body of law enforcement officers, namely from the Tapanuli Utara Resort Police Agency which consists of: constraints to law enforcement officers, constraints on facilities and infrastructure, professionalism of the law enforcement officers, low knowledge of law enforcement officers. And external factors are inhibiting factors that come from outside the body of the Tapanuli Utara Resort Police, which include: the presence of person who protect the criminal gambling gambling, community constraints, regulatory constraints.Keywords: Law Enforcement-Crime-Gambling-Billiards
KEDUDUKAN SURAT EDARAN MAHKAMAH AGUNG BERDASARKAN UNDANG-UNDANG NOMOR 12 TAHUN 2011 TENTANG PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN Prasetya, Vestwansan Dipa; Indra, Mexsasai; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Abstract

Circular Letter itself is a policy regulation for several reasons, as seen from its form, Circular Letters do not have a formal form that is similar to laws and regulations in general. Generally, legislation has forming parts such as Naming, Opening, Body, and Closing. We have not found these parts in a Circular so that from the formal point of view we can assume that the Circular is not a statutory regulation. Second, in terms of naming "Circular", in the book Regarding the Law by Jimmly Asshidiqie Circular Letter is classified in policy rules or quasi legislationThe problem that the author made the basis of this research is how the position of the Supreme Court circular based on Law Number 12 of 2011 concerning the Formation of Laws and Regulations about the contents of the Supreme Court circular based on Law Number 12 of 2011 concerning the Formation of Laws and Regulations -invitation. The purpose of this study is to determine the position of the Supreme Court circular based on Act Number 12 of 2011 concerning the Formation of Legislation and to find out the contents of the Supreme Court circular based on Act Number 12 of 2011 concerning the Formation of Legislation .This type of research used by the author is normative legal research, also called doctrinal law research. This normative research is a study that discusses the principles of law, systematic law, the extent of legal synchronization, the history of law and comparative law.The results of this study are first. Article 8 Paragraph 2 of Law Number 12 Year 2011. The regulation is related to other functions, namely administration, advice, supervision, and justice. However, the author is of the opinion, to determine the location of SEMA in the hierarchy of statutory regulations, we must pay attention to certain things. First, only SEMA contents in accordance with the provisions in article 79 of the Supreme Court Act can be included in the hierarchy of statutory regulations, second, Article 5 of Law Number 12 of 2011 concerning Formation of Regulations states that the material contained in the regulations the legislation must reflect the principles of: Protection, Humanity, Nationality, Family, Nationality, Unity in Diversity, Justice, Equality in Law and Governance, Order and Legal Certainty and or Harmony, Harmony and BalanceKeywords: Circular, Supreme, Court
PENARAPAN KETENTUAN PIDANA TERHADAP PELAKU EKSPLOITASI PENYANDANG DISABILITAS DI KOTA PEKANBARU Kurniawan, Ikhsan; Firdaus, Emilda; R, Mukhlis
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Persons with disabilities are a diverse group of people, including persons with disabilities who have physical disabilities, mental disabilities or a combination of physical and mental disabilities. many people with disabilities are exploited such as busking and begging. However, in the effort to protect the rights of persons with disabilities that are free from discrimination and exploitation, there are still many problems in giving punishment to people who exploit persons with disabilities. The problems in this thesis, namely: First, How is the application of criminal provisions against the exploitation of persons with disabilities in Pekanbaru City? Second, what are the obstacles in enforcing criminal sanctions and the government's efforts to minimize exploitation of persons with disabilities in Pekanbaru City?This type of research can be classified in the type of sociological juridical research. This research was conducted in Pekanbaru City, while the sample population was all parties related to the problems examined in this study, the data sources used, primary data and secondary data, data collection techniques in this study by interview, observation and literature study.From the research, there are two things that can be concluded. First, Law Enforcement conducted by the Pekanbaru City Police against the exploits of persons with disabilities has so far never been enforced. This is because there are no complaints from victims or injured parties in this case. Secondly, the obstacles in the eradication of exploitation perpetrators are the lack of coordination of the police with other agencies such as the Satpol PP and the Pekanbaru City Social Service and the efforts made by the Pekanbaru City Police Criminal Investigation to minimize the exploitation of persons with disabilities including socializing and educating persons with disabilities regarding Law No. 8 of 2016 concerning Persons with Disabilities.Keywords: Explotation, Persons with Disabilities, Pekanbaru City,
PELAKSANAAN PAGANG GADAI SAWAH BERDASARKAN HUKUM ADAT DI KANAGARIAN KOTO TINGGI KECAMATAN BASO KABUPATEN AGAM PROVINSI SUMATERA BARAT Farhan Muhammad Aziz; Zulfikar Jayakusuma; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Land is an important element of the formation of the State, in achieving the goals of the State, government intervention is needed, but the cultural diversity of each region is one of the obstacles to the implementation of national law, pawning land is one of the land transactions that still exists and is the needs of Indonesian indigenous peoples including customary law Minangkabau. Where transactions are carried out by Minangkabau indigenous people especially in Kanagarian Koto Tinggi, Agam Regency where many transactions have taken place for decades without any time limit, either orally or in writing.The purpose of this research is to find out how the implementation of the existing pawn apprenticeships in Koto Tinggi Kanagarian and what are the legal consequences of the implementation of the pawn apprenticeship. This type of research is sociological juridical, analytic descriptive research. The research location was Kanagarian Koto Tinggi, Baso Subdistrict, Agam Regency, West Sumatra Province. Data sources used, primary data, secondary data and tertiary data. Data collection techniques with interviews and literature review.From the results of this study, it was concluded that, first, the pawning process in Koto Tinggi Kanagarian began with the agreement of families and people who would pawn the fields and the implementation did not use a time limit. Second, it has been going on for decades ago redemption is based on the price of gold at the time of redemption so that debtors are unable to cut down especially the middle to lower class because the price of gold has gradually increased in price. The author's suggestion is, first, the Government of Agam Regency, West Sumatra Province in general, make a written rule regarding the implementation of pawning apprenticeships, so that with this regulation facilitate the implementation of pawning apprenticeships by the Minangkabau community and mutual benefit between the parties. Second, the Government must be able to socialize, so that the purpose of Article 7 of Law No. 56 of 1960 concerning the Determination of Agricultural Land Area can be achieved.Keywords: Pawn Merchants - Customary Law - In Minangkabau
TINJAUAN YURIDIS TERHADAP PENANGANAN PERKARA ANAK DIBAWAH UMUR MELALUI UNIT PERLINDUNGAN PEREMPUAN DAN ANAK BERDASARKAN PERATURAN KEPOLISIAN NEGARA REPUBLIK INDONESIA NOMOR 10 TAHUN 2007 TENTANG ORGANISASI DAN TATA KERJA UNIT PELAYANAN PEREMPUAN DAN ANAK DI LINGKUNGAN KEPOLISIAN NEGARA REPUBLIK INDONESIA Wulandari, Septiana; Indra, Mexsasai; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Children are the forerunners of youth. Therefore, the handling of children who are in conflict with the law should not lead to stigmatization and lack or even lack of coaching towards them so that their hopes to become young people can be useful to their nation. Referring to this, it is important to agree on the child safety model that is in conflict with the law and children who are in conflict with the law. One form of special protection for children as perpetrators of crime is to establish a Women's and Children's Services Unit (PPA Unit), which was formed based on the Regulation of the Chief of the Republic of Indonesia State Police Number 10 of 2010 concerning the Organization and Work Procedure of the Women's and Children's Services Unit (PPA Unit ) in the Indonesian National Police Environment. The purpose of writing this thesis, namely: first, the legal obligations towards the handling of cases of minors at the Police Level, second, the validity of handling cases of minors carried out by Investigators outside the Protection Unit for Women and Children.This type of research used in this study is normative legal research or can be called doctrinal law research. In this normative legal research, the writer conducts a research on legal synchronization, by conducting an identification in advance of the legal principles that have been formulated in the legislation. Sources of data used, primary data, secondary data, and tertiary data, data collection techniques in research with literature review.From the results of the research problem there are three main things that can be concluded. First, the legal obligation towards handling cases of minors at the Police Level is carried out by child investigators namely the protection unit for women and children, this is regulated in Article 26 of Law Number 11 Year 2012 Concerning the Child Criminal Justice System and Police Regulation Number 10 of 2007 concerning Organization and Work Procedure of Women and Children Service Units in the Indonesian National Police Environment. Second, the validity of handling cases of minors carried out by Investigators outside the Women's and Children's Services Unit handling cases of children is legal based on the provisions of Article 26 paragraph (4) of Law Number 11 of 2012 concerning the juvenile justice system and Article 10 of Police Regulations Number 10 Year 2007 concerning the Organization and Work Procedure of Women and Children Service Units in the Republic of Indonesia National Police Environment.Keywords: Child-Handling-Child Case-PPA Unit
PELAKSANAAN TANGGUNG JAWAB SOSIAL PERUSAHAAN (CORPORATE SOCIAL RESPONSIBILITY) PT TOBA PULP LESTARI TBK DI BIDANG PENDIDIKAN DAN KESEHATAN TERHADAP MASYARAKAT DESA PANGOMBUSAN KECAMATAN PARMAKSIAN KABUPATEN TOBA SAMOSIR R. Simanjuntak, Risma; Firdaus, Firdaus; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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This research discusses the implementation of corporate social responsibility of PT Toba Pulp Lestari Tbk in the field of education and health to the community of Pangombusan Village, Parm testimonial, Toba Samosir Regency. Corporate Social Responsibility (CSR) is an ongoing commitment from the business community to act ethically and contribute to the economic development of the local community or local community. Based on Article 74 paragraph (1) of the Limited Liability Company Law, hereinafter referred to as UUPT, each company is required to budget and run a CSR program for the environment and the community The community wants the company's existence to contribute to people's welfare. The purpose of writing this thesis, namely; first, to find out how the implementation of PT Toba Pulp Lestari Tbk's corporate social responsibility in the field of education and health to the community of Pangombusan Village, Parmempuan Subdistrict, Toba Samosir Regency, second, to find out what the obstacles of PT Toba Pulp Lestari Tbk in the implementation of corporate social responsibility in the field of education and health for the community of Pangombusan Village, Parm testimonial, Toba Samosir Regency. The type of legal research used by the author is the type of sociological legal research. This research was conducted at PT Toba Pulp Lestari Tbk. Sociological law research uses primary data and secondary data, while the population and sample are parties related to the problem under study, namely the company and the community. Data collection techniques in this study were literature review, interviews and questionnaires. From the results of this study the authors conclude that the implementation of CSR in the field of education and health carried out by the company has not been implemented properly because there are still several programs that have not been implemented optimally. Barriers to the implementation of CSR in the field of education and health experienced by the company is that planning is made sometimes not in accordance with the target, community response, proposals from the community, budget funds. Keywords: Corporate Social Responsibility - Company - Societ
PENATAAN MEKANISME PEMBERIAN GRASI BERDASARKAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 Dwi Murniati; Mexsasai Indra; Adi Tiaraputri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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A country was born to provide welfare and justice with a regular system to its people, so that each country has a constitution. The constitution of Indonesia is The 1945 Constitution of the Republic of Indonesia (1945 Constitution) which has been amended four times. In article 14 paragraph 1 of The 1945 Constitution of The Republic of Indonesia regulates that the President has the right to grant clemency by taking into account the considerations of the Supreme Court. Clemency is forgiveness in the form of changes, mitigation, reduction or elimination of the implementation of the decision to the convict given by the president. The process of granting clemency in Indonesia is more fully regulated in Law Number 22 Year 2002 Concerning Clemency that has been changed by Law Number 5 Year 2010. Although the process of granting clemency has been regulated in laws, granting clemency issued by the President with a Presidential Decree still causes polemic in the community. There are people and some parties who feel that the clemency issued by the President is not consistent with other government policies and a clemency is often accompanied by unclear reasons. Such as clemency issued for convicted of narcotics, convicted of corruption, and others. So this study aims to determine the mechanism for granting clemency in Indonesia, and the ideal concept of granting clemency in Indonesia.The type of this research can be classified as a type of normative legal research, which clearly illustrates the concept of granting clemency and philosophical clemency if it is associated with the theory of law, justice and legal reform. Data sources used are secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Data collection techniques in this study were library research methods, after the data were collected then analyzed to make a conclusions.From the results of this study there are two main things that can be concluded. First, the concept of granting clemency in Indonesia and its problems. Second, this research will provide a better ideal concept in the process of granting clemency in Indonesia. The researcher's suggestion are, first the case restrictions that can be granted clemency. Second, a constitutional convention to regularly provide information relating to clemency with a press conference. Third, make the Presidential decree as a state administration decision.Keywords: Granting Clemency - Presidential Power - Justice

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