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INDONESIA
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 130 Documents
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Search results for , issue "Vol 8, No 1 (2021): Januari - Juni 2021" : 130 Documents clear
PELAKSANAAN PERJANJIAN ANTARA PT.TELKOM DENGAN PELANGGAN INDIHOME DALAM PEMBERIAN JASA LAYANAN INTENET DI PEKANBARU Arrahman Arsista; Firdaus Firdaus; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

IndiHome is one of the service products of PT. Telekomunikasi Indonesia in the form of communication and data service packages such as landlines (voice), internet (internet on Fiber or High Speed Internet), and interactive television services (USee TV Cable, IP TV). people who start subscribing, the more problems that arise. Installation of the IndiHome tool which has to wait a long time and the imposition of erratic rates that sometimes burdens customers as well as the handling of protracted customer complaints. In fact, customers still do not want to continue payments because they already feel disadvantaged, and customers are required to return the modem that has been lent by PT Telkom.The research carried out is sociological legal research, namely research that starts on the process of revealing the truth based on the use of basic concepts known in sociology as science, and is taken from secondary data by processing data from primary legal materials, secondary legal materials, and materials. tertiary law. Research location in Pekanbaru Riau. The approach used is a juridical-sociological approach, which is research conducted on real conditions in the environment of Pekanbaru City, especially in Sail District.The results of this study regarding the implementation of the agreement between PT.Telkom and IndiHome customers in providing Internet services in Pekanbaru have not been fully implemented properly, the customer's lack of knowledge of the Agreement which causes the Default. The effort made by PT. Telkom is waiting for the good faith of the customer in returning the equipment (ONT / Modem / STB) that was installed at the customer's house is OWNED by TELKOM which was lent while being a TELKOM customer. Modems that are not used due to migration to fiber are pulled back.Keywords : subscription agreement, customer
TANGGUNG JAWAB DINAS SOSIAL KOTA PEKANBARU TERHADAP PENYANDANG DISABILITAS TERKAIT KONSEP KESEJAHTERAAN BERDASARKAN PERATURAN DAERAH PROVINSI RIAU NOMOR 18 TAHUN 2013 TENTANG PERLINDUNGAN DAN PEMBERDAYAAN PENYANDANG DISABILITAS Lili Rahayu; Emilda Firdaus; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

The implementation of social welfare is aimed at improving the quality of life and social welfare, including for people with disabilities. The duty of local governments to provide welfare for persons with disabilities is stated in the Riau Province Regional Regulation Number 18 of 2013 concerning the Protection and Empowerment of Persons with Disabilities. In it, it explains the rights for persons with disabilities that they should accept and also the obligations of local governments to make it happen by providing protection and empowerment. Based on the background description that has been described above, the authors are interested and raise this issue in the form of a thesis entitled "The Responsibility of the Pekanbaru City Social Service for Persons with Disabilities Related to the Concept of Welfare Based on Riau Province Regional Regulation Number 18 of 2013 concerning Protection and Empowerment of Persons with Disabilities. ". This type of legal research used by researchers is a type of empirical or sociological legal research. Sources of data used were obtained through 3 (three) legal materials, namely primary, secondary and tertiary legal materials. The data collection techniques were carried out using methods, namely questionnaires, interviews and literature review. From the results of research and discussion it can be concluded that First, the responsibility of the Pekanbaru City Social Service has not been implemented properly. Rehabilitation, providing courses and training, capital, assisting in business management have not been implemented properly. Second, the inhibiting factor for the Pekanbaru City Social Service is the vacant position at the Head of the Rehabilitation Section for Persons with Disabilities, the absence of social institutions, limited budgets, limited assistants with disabilities, and the absence of enforcement of the Pekanbaru City Regional Regulation Number 12 of 2008 concerning Social Order. Keywords: Responsibility - Social Service - Persons with Disabilities - Welfare
PENERAPAN PELAKSANAAN ASESMEN TERHADAP PECANDU DAN KORBAN PENYALAHGUNAAN NARKOTIKA DI KEPOLISIAN RESORT SIAK Bayu saputra simanjuntak; Mukhlis R; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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The current misuse and trafficking of Narcotics has reached a level that is alarming and threatens all aspects of the life of the nation and state. Based on data obtained from the Siak Resort Police from 2017 to 2019, there were 438 suspects of Narcotics abuse, all of the suspects were sentenced to imprisonment. Prison punishment is still the main law enforcement choice compared to rehabilitation measures. Basically the sanctions stipulated in Law Number 35 of 2009 concerning Narcotics adhere to a double track system, namely in the form of criminal sanctions and action sanctions. Rehabilitation is a form of sanction for action. The assessment process is very important to be carried out so that victims of drug abusers and addicts receive rehabilitation.This study uses a typology of empirical legal research or sociological legal research. This study aims to determine the extent to which the law works in society. In this study the authors used the nature of qualitative research, because the authors compared the incidents in the field using existing statistics or data, especially in the implementation of the assessment of addicts and victims of drug abusers.The results of the research conducted by the author are related to the implementation of the assessment of victims of abusers and narcotics addicts in Siak Regency, it can be said that it has not run optimally. There are also several obstacles, such as differences in the perspective of law enforcement officials and the substance that regulates the assessment is still not optimal. In addition, efforts that can be made by law enforcement officials include equalizing perceptions of the assessment itself, increasing good communication and being active in socializing the importance of assessment.Keywords: Narcotics - Implementation - Assessment
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PENELANTARAN ANAK DI WILAYAH KEPOLISIAN RESOR KOTA PEKANBARU Mery Natalia Siahaan; Dessy Artina; Elmayanti Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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In article 76 B of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection states that the criminal act of neglect of children is punishable by imprisonment of up to 5 (five) years and / or a maximum fine of Rp. 100,000,000, - (one hundred million rupiah). A short sentence of 5 (five) years imprisonment cannot be mediated because the threat of a minimum sentence of 5 (five) years in prison is a category of serious criminal offense, but in fact, in the Pekanbaru City Police, there are many cases of neglect that have not been resolved because the investigation was terminated by the party. Police due to mediation. In this case, it can be said that the law enforcement carried out by the Pekanbaru City Police has not been maximized so that it does not provide a deterrent effect on perpetrators and communities who commit acts of child neglect.This type of research is sociological legal research, namely as an attempt to see the effect of the enactment of positive law on people's lives. This research is also descriptive in nature, namely the author tries to provide a description of law as a social control related to the formation and maintenance of social rules to law enforcement officials and the community, by providing a basis for the legal ability to control behaviors and create a suitability and comfort in society ..The results of this study are to explain that the law enforcement carried out by the Pekanbaru City Police, especially the Women and Children Protection Unit Investigators, has not been maximal in the criminal case of child neglect. The obstacle factors faced by the Police are the lack of quality and quantity of the Women and Children Unit Investigators, the lack of cooperation between victims or victims' families in providing information regarding cases of child neglect that are being processed, while the dominant factors as obstacles are community factors, economic factors. and cultural factors, and a lack of awareness in understanding the law for the community. The efforts that the authors offer in this study are to improve the quality and quantity of investigators of the women and children unit in the Pekanbaru City Police, to increase public insight regarding the importance of legal awareness in order to create justice, benefit and general welfare.Keywords : Law Enforcement - Crime - Neglect – Children
IMPLEMENTASI PASAL 5 AYAT (7) PERATURAN DAERAH KOTA PEKANBARU NOMOR 3 TAHUN 2002 TENTANG HIBURAN UMUM DI KOTA PEKANBARU Mhd Ichsan; Dessy Artina; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Abstract

One of the policies that regulate entertainment in Pekanbaru City is Regional Regulation No. 3 of 2002 concerning Public Entertainment in Pekanbaru City. Based on Article 5, paragraph 7, Regional Regulation No. 3 of 2002, it is explained about the operational timing of video games / play stations. This fact can be seen from how the government regulates public entertainment in Pekanbaru City. Types of entertainment regulated in Regional Regulation No. 3 of 2002 in its implementation there are still violations in its implementation. Therefore, it is necessary to study the first stimulant, the implementation of Article 5 paragraph (7) Pekanbaru City Regional Regulation Number 3 of 2002 concerning public entertainment in Pekanbaru City, Second, obstacles in the implementation of Article 5 paragraph (7) Pekanbaru City Regional Regulation Number 3 Year 2002 Regarding public entertainment in Pekanbaru City. Third, the efforts made by the government to curb the operational hours of public entertainment venues for video game rentals / play stations.This research is a sociological legal research, because it is based on field research, namely by collecting data from interviews, questionnaires, and literature reviews that are related to the problems to be studied assisted by primary, secondary and tertiary data. This study uses qualitative data analysis and produces descriptive data.From the results of the research, it is concluded that, first, the implementation of Article 5 paragraph 7 of Pekanbaru City Regional Regulation Number 3 of 2002 concerning Public Entertainment in Pekanbaru City has not been running optimally. Second, lack of understanding and lack of awareness of video games / play station rental owners towards Regional Regulations Number 3 of 2002 concerning Public Entertainment, Lack of control and supervision of Satpol PP Pekanbaru City, Lack of Service Officers, Third, future efforts are to conduct socialization, add personnel in controlling and supervising every video game rental / play station, optimizing supervision and giving strict sanctions video game / play station rental business actors who do not comply with entertainment operating hours. The author's suggestions are, First, Satpol PP of Pekanbaru City is expected to make effective control and cooperate with the Regional Government in increasing peace for the surrounding community, Second, to increase socialization to business actors, Third, to discuss the effectiveness of local regulations regarding video game rentals / play stations.Keywords: Implementation-Regional Regulation-General Entertainment
Analisis Terhadap Tindak Pidana Terorisme (Studi Perbandingan Jarimah Al-Baghyudalam Perspektif Hukum Islam Dan Hukum Indonesia) Winda Wulan; Erdianto Effendi; Adi Tiaraputri
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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A criminal act of terrorism is an act committed by an individual or group with the intention of influencing or intimidating another person or group to feel insecure, uncomfortable and end in physical or non-physical destruction. The criminal act of terrorism in Islam is also called Jarimah Al-Baghyu, in the Islamic legal system it has several indicators of similarities and differences with criminal acts of terrorism are regulated in Indonesian positive law, so that the implementation of the law will also create differences. So the purpose of this study is to analyze the criminal act of terrorism in the perspective of Islamic law and Indonesian positive law, as well as the ideal concept of terrorism in the future. The method in this study using research library with normative juridical research approach. Normative legal research is carried out by examining library materials consisting of primary, secondary and tertiary materials. And data collection techniques using literature study and document study. Furthermore, the data analysis uses a comparative analysis method, namely comparing and identifying data obtained from Islamic law and Indonesian law regarding the crime of terrorism. The results of the research show that the regulation of criminal acts of terrorism, seen from its strengths, is binding comprehensively, has a good and systematic structure and there are drawbacks such as the retroactive principle, regarding the provisions of subversive issues, intelligence reports and arrests and the investigation process. And the ideal concept of criminal acts of terrorism in the future takes into account the protection of the community against anti-social acts which harm and endanger it, still by observing the objectives of the crime, namely to reduce crime and control crime, improve the perpetrator, such as rehabilitation, correctionalization and release. As well as regulating and limiting the arbitrariness of the authorities and society in general and protecting the perpetrators for acts outside the lawKeyword: Terrorism, Positive Law, Islamic Law
KONTRIBUSI FATWA MAJELIS ULAMA INDONESIA DALAM PEMBENTUKAN HUKUM POSITIF DI INDONESIA Ilham Hanafiah Damanik; Mexsasai Indra; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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The Republic of Indonesia is a constitutional state, where all actions and behavior mustbe based on law. Muslims in Indonesia often face problems due to technological advancesand times that require legal certainty in accordance with Islamic law. In order to deal withthis problem, the Indonesian Ulema Council as an institution engaged in the field of religionas well as a government partner provides answers through fatwas. Fatwas in positive lawoccupy a position as a source of law and cannot be enforced. Therefore, fatwas must betransformed into positive law.This type of research is normative research, where this research uses a researchmethodology of the legal principles that exist in the formation of legislation, namely theprinciple of openness and the principle of legal certainty. The data source used wassecondary data, with the literature review method, after the data was collected then analyzedto draw conclusions.From the research results, it is concluded that, First, the Indonesian Ulema Council isnot a state institution, it is in the infrastructure element (the socio political sphere), moreprecisely non-governmental organizations (NGOs). Second, the contribution of the MUI fatwain the formation of positive law in Indonesia is quite influential, this can be seen by the birthof various kinds of laws and regulations whose source comes from the MUI fatwa itself,considering the MUI fatwa in Islamic law as a source of law and in positive law in Indonesiacan be categorized as a source of law in the form of legal or religious doctrine / opinion.Keywords: Positive Law - Fatwa - Indonesian Ulema Council
POLITIK HUKUM PEMBATASAN USIA CALON KEPALA DAERAH BERDASARKAN PASAL 7 AYAT 2 E UNDANG-UNDANG NOMOR 10 TAHUN 2016 TENTANG PERUBAHAN KEDUA ATAS UNDANG- UNDANG NO 1 TAHUN 2015 TENTANG PENETAPAN PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG NOMOR 1 TAHUN 2014 TENTANG PEMILIHAN GUBERNUR, BUPATI, DAN WALIKOTA MENJADI UNDANG-UNDANG Yosua Manurung; Mexsasai Indra; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Political rights in relation to the preservation of state life, in article 7 paragraph 2 E Law, Number. 10 '' The year 2016 reads that every person who wants to nominate a regional head must be at least 30 (thirty) years old for the candidate for Governor and candidate for Deputy Governor, 25 (twenty five) Years for the candidate for Regent and candidate for Deputy Regent as well as for the candidate for Mayor and candidate for Deputy Mayor ''. There is a related gap in article 7 paragraph (2) huru e of the Law on Regional Head Elections which contradicts Article 28 J of the 1945 Constitution which contains restrictions on the rights of citizens, but with the intention of guaranteeing recognition and respect for the rights and freedoms of others and fulfilling demands that are just, according to considerations of moral, religious values, security and public order in a democratic society.This type of research is normative research. namely research conducted by means of library materials or secondary materials. In this case the researcher conducts normative legal research which discusses legal principles, in the form of an effort to discover basic philosophical principles. In this case, the researcher discusses the political age limit in the candidacy of regional heads based on statutory regulations. This research is conducted by examining secondary materials or research based on standard rules that have been recorded, also known as literature studies.In the results of the research, there are two points that can be concluded. First, the Legal Politics of determining the Age Limit for candidates for Regional Head in Law No. 10 of 2016 that in order to become a regional head, a person is required to meet the requirements including the minimum age limit to become a regional head, which basically means that the elected regional head will have knowledge and ability as regional leaders able to think and act and behave by prioritizing the interests of the nation, state and society. Second. for someone to serve as a public official, a leader is needed who has intellectual, high social sense, politeness, innovative, creative, and able to make the right decisions wisely to solve a problem that occurs. in this case the authors argue that at the age of 21 years.Keywords: Legal Politics - Age Limitation - Regional Head Candidates
PENEGAKAN HUKUM TERHADAP TINDAK PIDANAPENGANIAYAAN DI KABUPATEN KUANTAN SINGINGI DALAM PERSPEKTIF HUKUM PIDANA DAN HUKUM ADAT
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Criminal acts of "violence" whether committed by individuals or carried out together or in groups that can disturb public order can even disturb society. It seems that awareness to respect one's human rights and love for fellow human beings is diminishing or their growth is not as expected so that the behavior of "doing good" for others and others is increasingly invisible. The formation of crimes against the human body is referred to the protection of the legal interests of the body from actions in the form of attacks on the body or parts of the body that cause pain or injury, even because such injuries to the body can cause death. The torture is regulated in article 351 of the Criminal Code. In the Criminal Code this is called "persecution" but the Criminal Code itself does not contain the meaning of the persecution. Persecution in the Big Indonesian Dictionary contains meaning of arbitrary treatment. The definition of persecution contained in the Big Indonesian Dictionary is the meaning of broad meaning, including those involving feelings or the mind. Persecution referred to in criminal law is related to the human body. criminal fines imposed on perpetrators of criminal acts of persecution in the customary criminal law are intended to restore the (magical) balance that is disturbed by acts contrary to customary law.This type of research can be classified into sociological juridical research where the research tests the effectiveness of the current law. This sociological legal research is a type of research that is viewed from the purpose of legal research. Sociological or empirical legal research consists of legal identification (unwritten) and research on the effectiveness of the law. From the results of the study there are 2 main problems that can be concluded. First, the factors that cause the crime of maltreatment committed by adolescents in Kuantan Singingi Regency are due to sexual misconduct that occurs among adolescents as well as the lack of supervision conducted by parents to their children.Keywords: Abuse - Violence - Criminal Acts - Customary Law.
TINJAUAN TENTANG PELAKSANAAN PERJANJIAN ANTARA PT. OYO ROOMS INDONESIA DENGAN DAVONSA HOMESTAY DI JALAN LEMBAGA PEMASYARAKATAN KOTA PEKANBARU
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Technology and information through applications make it easier for consumers and business owners to meet their desired needs. In this case Davonsa Homestay in cooperation with PT. OYO Rooms Indonesia is a third party application that makes it easier for consumers to find accommodation. However, several problems arose between the PT. OYO Rooms Indonesia in implementing the agreement, with business owner Davonsa Homestay. Based on the above, the draftsman formulates several problems in this study, including: How is the agreement between PT.OYO Rooms Indonesia implemented with Davonsa Homestay? and how the rights and obligations of the parties are to be fulfilled in implementing the agreement between PT. OYO Rooms Indonesia and Davonsa Homestay?The research method or approach used by the author is sociological legal legal research. By sociological legal research, it is meant an approach that looks at the legislative perspective and the realities that arise in the field. Sources for research data are primary and secondary data with descriptive qualitative data analysis methods.The results of this study suggest that the form of a cooperation agreement between PT. OYO Rooms Indonesia with Davonsa Homestay is a standard (standard) where the clauses are set by PT. OYO Rooms Indonesia. In this way, PT. OYO Rooms Indonesia prevents Davonsa Homestay from assuming a profitable negotiating position. And also many problems were found between Davonsa Homestay and PT. OYO Rooms Indonesia. Among other things, PT. OYO Rooms Indonesia is an insufficient reconciliation payment, which means that PT's monthly report matches OYO Rooms Indonesia with monthly reports of Davonsa Homestay, an irrevocable agreement and the waiver of Article 1266 of the Civil Code upon termination of the agreement.Keywords: Cooperation Agreement – Provision of Lodging Services – Rights and Obligations

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