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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
NEPOTISME DALAM PERSPEKTIF HUKUM PIDANA INDONESIA Dahniati, Dahniati; Jayakusuma, Zulfikar; Ferawati, Ferawati
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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Nepotism is any act of the conduct of the state against the law that benefits the interests of his family and / or cronies above the interests of the community, nation and state. The practice of nepotism is still frequently practiced in Indonesia, it has even become a public secret in the process of recruiting new employees, both in government agencies and companies and in the private sector. Nepotism is regulated in Act Number 28 of 1999 concerning Organizers that are Clean, Corruption-Free, Collusion and Nepotism. The ratification of the Act should have been the legal basis for prohibiting the practice of nepotism, along with corruption and collusion. But in reality the case of nepotism in Indonesia has never been heard at all despite numerous complaints, statements and evidence.This type of research can be classified in normative juridical research, because this research was conducted by examining secondary data and approaches to the law, this normative study examines the principles of law. Sources of data used are primary data, secondary data, tertiary data, data collection techniques in this study are normative juridical, the data used is literature study.The results of the research conducted by the author are that the regulation of Nepotism is still very weak and the problem of law enforcement institutions authorized to enforce the law against nepotism has not been effective. Therefore to be able to enforce the rules regarding nepotism and to eradicate it, it is necessary to have an effort to reform Law No. 28 of 1999 concerning State Administrators that are Clean, Corruption-Free, Collusion and Nepotism. In addition to improvements in legal arrangements or norms regarding nepotism, cooperation is also needed between law enforcement officials in order to effectively enforce the rule of law regarding nepotism by holding special opinions needed by special investigators to prevent and eradicate the crime of nepotism. And the need for socialization by law enforcement officers to the public about the importance of knowledge of the efforts to prevent and eradicate the crime of nepotism.Keywords: Criminal Acts, Nepotism Regulation, Nepotism, Prohibiting Proof
PELANGGARAN TERHADAP KETENTUAN TENTANG PEMANFAATAN SUMBER KEKAYAAN HAYATI PERIKANAN INDONESIA DI WILAYAH PERAIRAN ZONA EKONOMI EKSLUSIF DI LAUT NATUNA UTARA Utin Rahmah Indah Pratiwi; Zulfikar Jayakusuma; Widia Edorita
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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The abundance of marine biological resources and the position that borders directly with other countries with the North Natuna Sea has resulted in many foreign fishing vessels violating the provisions by utilizing biological resources without the permission of the Indonesian state. This study regarding the provisions regarding the utilization of Indonesia's fishery biological resources in the waters of the Exclusive Economic Zone in the North Natuna Sea aims to find out the provisions that are violated and the efforts made in overcoming and reducing the number of fisheries violations.This type of research can be classified in the type of sociological 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 West Maritime Zone Bakamla, Lantamal IV Tanjung Pinang, PSDKP Batam, the Marine and Fisheries Service of the Riau Islands Province and the POLDA Dipolairud Riau Islands, while the population and sample are all parties related to the problems examined in this study, the source of the data used, primary data, secondary data, and tertiary data, data collection techniques in this study with observation and interviews.From the results of the study as follows: the provisions violated 182 foreign fishing vessels in the North Natuna Sea in the 2016-2018 period were fishing without permits, the use of prohibited fishing gear, containing protected fish. Whereas the efforts to impose strict sanctions in the form of confiscation, fines or destruction of evidence, establish cooperation with fishermen, monitoring through MSC (Monitoring, Control and Surveillance), officers conduct routine patrol and the government adopts or international regulations. While the obstacles include the lack of fleets and patrol support facilities and the small number of Fisheries PPNS that cannot cover the vast North Natuna Sea.Keywords: EEZ, Biodiversity Resources, Fisheries, Violations, UNCLOS, Foreign Fishing Vessels
PELAKSANAAN PERJANJIAN ASURANSI NELAYAN KECIL DI KABUPATEN BENGKALIS PADA PT ASURANSI JASINDO CABANG PEKANBARU Devi Satria; Maryati Bachtiar; Ulfia Hasanah
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

Fishermen are jobs that have a high level of risk, such as bad weather changes and problems that can occur when fishing, and spending money to meet the needs of daily life. The purpose of this study was to study the guarantee of safety for small fishermen through independent fishermen insurance, find out the rights and obligations between the guarantor and small fishermen in obtaining Safety. Fisherman insurance is regulated in the Law on Insurance Number 40 of 2014. Specific regulations on fisheries insurance concerning Law Number 7 of 2016 concerning Protection and Empowerment of Fishermen Insurance for Fishers, Fish Farmers, and Salt Farmers. This study specifically discusses fisherman insurance for small fishing communities. Entering a fisheries insurance agreement is carried out with premium payments paid by small fishermen, without government subsidies / assistance.The research carried out is a sociological legal research that is research that starts with the process of revealing the truth using basic concepts in sociology known as science, and taken from secondary data by processing data from primary legal materials, secondary legal materials, and legal materials tertiary. Research location in Bengkalis Regency, Riau Province. The recommendations used are juridical-sociological, namely research conducted on real situations in the Department of Maritime Affairs and Fisheries (DKP) and local fishermen in the Bengkalis Regency fisheries area.The results of this study regarding the research work agreement by PT Asuransi Jasa Indonesia (Jasindo) Pekanbaru Branch. Implementation of the rights of fishermen in obtaining safety here is less than the awareness and knowledge of the people in Bengkalis Regency to improve the clauses in the policy the Insurer does not give an understanding to small fishermen about things that are excluded in insurance coverage. To the PT Asuransi Jasindo Pekanbaru Branch to explain things that are excluded in the independent fisheries insurance policy, so that the rights of small fishermen can be accounted for according to the Law.Keywords: Fishermen Insurance, PT Asuransi Jasindo, Small Fishermen
PELAKSANAAN PEMBERIAN UPAH MINIMUM TERHADAP TENAGA PENDIDIK YAYASAN TK TUNAS HARAPAN PEKANBARU Pebi Ikasari Tarigan; Hayatul Ismi; Ledy Diana
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

The wage means that the work reward or achievement that must be paid by the employer for the work is required to fulfill the achievement of doing the work under someone else's order. One of the foundations in the field of education, the TK Tunas Harapan Pekanbaru Foundation, is one of the foundations in the city of Pekanbaru that still provides wages that are not in accordance with the rules and views on labor welfare that have been regulated by the government. The formulation of the problem in this research is How is the implementation of wages to educators at the TK Tunas Harapan Pekanbaru Foundation, What are the factors that cause wages under UMK at the TK Tunas Harapan Pekanbaru Foundation.This type of research is a study of Sociological Law. The nature of this research is to use empirical research based on primary data. This research was conducted at the TK Tunas Harapan Pekanbaru Foundation on Jl. Melayu No. 52, Pekanbaru City. Conclusions in this study. First, Educators should have written employment agreements. Second Educators should have the right to agree on Regency / City working hours (UMK). That way there is a balance between the rights and obligations received and that must be done by educators. Author's suggestion there should be an agreement on the regulation of working hours and equal pay between educators and foundation managers.Keywords: Work-Time-Wage-Work Agreement
KEWENANGAN PENGADILAN NEGERI DALAM MENETAPKAN TERSANGKA MELALUI PRAPERADILAN Alviona Vinda Safira; Erdianto Effendi; Davit Rahmadan
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

Judge position is the most important thing to decide cases in trial which guaranteed by statutory regulations. Mostly, judges in giving decisions are not in accordance with legal facts, even exceeding their authority. In judicial practice, for example in pretrial review, judges are bound to the object of pretrial review. Pretrialreview is an institution that was born to carry out surveillance actions against law enforcement, therefore in implementing their authority, law enforcement does not make of any abuse of power.Pretrial reviews are regulated in Article 77 of the Criminal Procedure Code, as well as other laws and regulations as an expansion of pretrial reviews objects. One example of a pretrial case that caught public's attention was a pretrial by a non-governmental organization against the KPK in Century Bank case, which in its petition, requested that the Court through the Pre-trial set a person or group of people to be suspected of corruption case.The author is interested in exploring this case to examine the authority of the District Court in determining suspects through pretrial reviews and understanding the legal consequences, if the pretrial decision is not carried out by the Respondent, in this case, KPK. The research method used by the author is a normative research that examines the norms, laws and regulations and also the literature.Determination of a person becomes a suspect, based on the law must be carried out by investigators, such as the police, prosecutors, and even the KPK to conduct the process of determining the suspect. In the Pre-trial review, Judges to give decisions based on laws, that apply to the principle of legality and the judge's logic and conscience. However, obstacles are often encountered in pretrial practices, such as weak law enforcement to the emergence of a legal vacuum and weak law enforcement in handling corruption cases, the result, someone may continuously obtaining the suspect “label” without further processing.aforementioned, Judge is expected to be more careful in deciding with applicable procedures and regulations, also in carrying out his judicial duties professionally and objectively so the verdict based on the word “For the sake of Justice based on the Almighty God”. There is an expectation to KPK can uncover and resolve the corruption cases professionally without violating someone legal rights.Keywords: Judicial Power, Determination of Suspects, Pretrial Review, KPK
PENEGAKAN HUKUM PIDANA TERHADAP PELAKU TAWURAN PELAJAR OLEH POLISI RESOR KOTA PADANG Harisul Huda; Erdianto Effendi; Adi Tiara Putri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Seeing the situation and conditions that occur in the city of Padang often brawls between high school students (high school) and or vocational high school (SMK) so that makes researchers interested in reviewing it legally, because these situations and conditions often occur repeatedly. Triggers brawl is usually a sense of revenge, with a high sense of solidarity these students will reciprocate the treatment caused by school students who are considered harmful to a student or defame the school. This paper discusses criminal law enforcement conducted by the Padang District Police against brawlers between students in the Padang City jurisdiction, the obstacles faced by the Padang District Police in carrying out criminal law enforcement efforts against student brawls in the Padang City legal area and efforts made by the Padang City Police in anticipating against student brawlers.The research method is a sociological legal research that is research that wants to see the correlation of law with the community, so that it can reveal the effectiveness of the law in society and identify unwritten laws that apply to the community by jumping directly into the research location. Location of the study in Padang Police, researchers collected data consisting of primary, secondary and tertiary data. Data collection techniques namely questionnaire, interview and literature study. Data analysis was carried out qualitatively and drawing conclusions from the author using deductive thinking methods.The conclusion of this research is that the criminal law enforcement conducted by the Padang District Police against brawl perpetrators between students in the legal area of the City of Padang has not been effectively implemented, while law enforcement can guarantee legal certainty, order and legal protection. The obstacle in upholding criminal law against student brawls in the legal area of Padang City is firstly the lack of adequate means of vehicles to conduct patrols is still very limited, so that the police are still difficult to reach small alleys to monitor conditions that are said to be prone to misbehavior adolescents, secondly the lack of parental supervision of children and thirdly the lack of public trust in law enforcement officials. So that in the future the Padang City government should support the police and the TNI to cooperate in securing and preventing student brawls, so that in the future they can anticipate student brawls in the City of Padang.Keywords: Student - Student Fight - Padang Police Station.
PENYELESAIAN KREDIT MACET DENGAN PENGALIHAN PIUTANG SECARA CESSIE DI KOTA PEKANBARU Tiara Antika; Maryati Bachtiar; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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The Republic of Indonesia is a state of law, where the law elaborated by the government through the establishment of legislation has a very important role in regulating and directing the lives of its people so as to create an orderly life system that is just, prosperous and peaceful. Laws are created because humans live together and can only live together, by making concepts that are very appropriate and meritorious in human life that prioritizes their rights to society related to other interests. In ensuring justice, certainty and legal usefulness for every citizen, the state has the obligation to provide protection to anyone on any issues that intersect with the law, including the problem of cessie. However, in its implementation there were many violations of the law concerning cessies, such as violations of the law in the settlement of bad loans. There are many instances where a new creditor necessarily has to have a debtor's debt guarantee if the debtor defaults which causes losses to the debtor. The purpose of writing this thesis, namely; First, knowing the efforts that new creditors can make in the process of settling bad debts, Second; know the implications of the application of Article 12 of the Underwriting Rights Law concerning the prohibition of beding for the settlement of bad loans in Pekanbaru City. From the results of the research based on two problem formulations, it can be concluded, First, the efforts made by new creditors in the process of settling bad loans related to the prohibition of beding namely: new creditors can execute through the court against debtor debt collateral, parate execution and collateral object execution. Second, the implication of the application of Article 12 of the Underwriting Rights Law concerning the prohibition of beding on the settlement of bad loans, namely: the obstruction of the settlement of bad credit by new creditors (cessionaris), making it difficult for creditors to get the right to the receivables they have agreed in the credit agreement, giving losses to new material and non-material creditors. Keyword: Settlement-transfer of accounts receivable-cessie
PERLINDUNGAN HUKUM PADA ANAK DI WILAYAH KONFLIK BERSENJATA DI INDONESIA Saputri, Septiani; Deliana, Evi; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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The armed conflict that occurred in Wamena in Papua caused many victims,including children. So the need for special legal protection for children who are in conflictsituations. As in article 60 of Law Number 35 Year 2014 concerning Amendments to LawNumber 23 of 2002 concerning Child Protection, it states: children in an emergency situationas referred to in article 59 paragraph (2) letter a consist of: a. Children who become refugeesb. Children victims of riots; c. Child victims of natural disasters; and d. Children in situationsof armed conflict. Based on the main ideas above, it can be formulated several problems,namely whether the form of criminal acts committed against children in the area of armedconflict in Indonesia and how the legal protection of children from criminal acts in the areaof armed conflict in Indonesia.The writing of this thesis uses the normative legal research method by collectingdata by library research, namely by examining library materials or secondary data in theform of primary legal materials namely related regulations, secondary legal materials namelyrelated documents and tertiary legal materials which is a guide to primary and secondarylegal materials or research on legal systematics. The secondary data that has been compiledare then analyzed using qualitative methods to obtain results, which are forms of protectionfor children in conflict areas, that is, doing things that can accelerate the conducive situationin the field, besides the government in particular, and other supporting elements to furtheroptimize efforts to restore children's health and post traumatic psychological handling inchildren. The conclusion from the results of the study, namely the legal protection of childrenin armed conflict areas in Indonesia who get violence such as murder, sexual harassment orrape is still not working properly, because there are still many children who are victims.Where the rules regarding legal protection of children in conflict areas are still general innature which are civilians. Where the Indonesian government should make special rulesregarding the protection of children in areas of armed conflict. This is the cause of the lack ofjustice obtained by children.Keywords: Legal Protection, Children, in the Area of Armed Conflict
ANALISIS YURIDIS KEPAILITAN BUMN PERSERO DIKAITKAN DENGAN PRINSIP PERLINDUNGAN HAK-HAK KREDITUR Zikri Afdal; Firdaus Firdaus; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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In the Bankruptcy Law Number 37 of 2004, it has been regulated that business entities which cannot be automatically filed for bankruptcy such as securities companies, insurance companies, banks and SOEs. But regarding the bankruptcy of a SOEs has caused debate, especially regarding the bankruptcy of a SOEs. In the current SOE bankruptcy arrangement it is as if stating that SOEs cannot be declared bankrupt other than by the Minister of Finance, which is seen based on whether or not the company's capital is divided into shares as well as the disharmony of the SOE's definition of moving in the public interest with SOE's definition of SOEs in the The bankruptcy law and Act Number 19 of 2003 concerning SOEs and inconsistencies in understanding regarding whether or not SOEs was declared bankrupt under Law 17 of 2003 concerning State Finance, Law Number 1 of 2004 concerning State Treasury and Limited Company Law Number 40 of 2007. This legal disharmony creates legal uncertainty, thus potentially damaging the rights of creditors in the state bankruptcy case of SOEs.This thesis uses the normative legal research method with the scope of SOE bankruptcy, analysis of SOE bankruptcy arrangements, principles of bankruptcy through secondary data sources in the form of primary, secondary and tertiary legal materials with qualitative analysis by drawing deductive conclusions.Keyword: Bankcruptcy, SOEs, State finances
PENYELESAIAN SENGKETA TANAH SAWAH GILIR GANTI PADA MASYARAKAT HUKUM ADAT KERINCI David Herlambang; Zulfikar Jayakusuma; Hengki Firmanda S
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Dispute resolution is expected not only to win or lose but to try to reach an agreement between the parties in dispute with consensus and win-win solution This article describes how the settlement of disputes that occur in the Kerinci customary law community in the Regency Kerinci, Jambi Province. Writing this article is taken from the results of research with this type of research conducted with the type of research to be used is sociological juridical (empirical legal research) that is empirical studies to find theories about the process of occurrence and about the process of working of law in society. Efforts to resolve disputes through mediation certainly do not always succeed in achieving peace between the disputing parties. The problem that often occurs in the Kerinci customary law community is the problem of managing the shifting paddy land instead of the Kerinci customary law community which is a typical inheritance system belonging to the Kerinci indigenous people. Settlement of disputes in Kerinci customary law has 4 levels, namely kitchen institutions, institutions, traditional institutions and natural institutions. The dispute resolution process began in stages starting from Tengganai to Depati. The purpose of writing this thesis is first To find out the management system of the shifting paddy field system in the Kerinci customary law community, second To find out the settlement of the dispute from the rotating paddy field using Kerinci customary law in the Kerinci customary law community and third As a brainstorm of the writer's thoughts on the alma mater in adding khasanah civil law and customary law relating to the resolution of the rotating paddy field dispute in the Kerinci customary law community.Keywords: Indigenous Institutions, Legal, Dispute Resolution

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